Appeals court cites SPLC immigrant worker reports in sexual harassment case

The order issued by the U.S. Court of Appeals for the Fifth Circuit in a sexual harassment case against Koch Foods of Mississippi dealt with the release of confidential immigration information of former Koch workers as part of the lawsuit’s discovery process. The court’s 36-page order acknowledged the abuse immigrant workers often face in the food industry, citing the SPLC reports Injustice on Our Plates and Unsafe at These Speeds as evidence.

“[W]e reject Koch’s repeated suggestions that plaintiffs’ claims are so outlandish as to be unbelievable. In fact, substantial evidence suggests that serious abuse is all too common in many industries reliant on immigrant workers, including the modern-day poultry industry,” the court wrote in a passage with a footnote referencing the reports.

The court went on to cite the SPLC’s work as it described how “employers commonly and unlawfully retaliate against irksome workers by reporting or threatening to report them to immigration authorities.” It also cited the SPLC as it acknowledged “threats of deportation are among the most familiar and dreaded means by which unscrupulous employers retaliate against immigrant employees.”

“We are glad to see the Fifth U.S. Circuit Court of Appeals, which is widely considered a conservative appellate court, recognize the exploitation immigrant workers frequently endure in the workplace,” said Naomi Tsu, SPLC deputy legal director. “Retaliation is a common response when workers stand up for their rights.”

Court weighs privacy, retaliation concerns

The circuit court’s order examined how to protect the privacy of undocumented workers seeking U visas, for which victims of crime may apply, while also allowing Koch attorneys access to information they seek to challenge the plaintiffs’ credibility. The concern is that an employer sued by workers could misuse information about U visa applications to retaliate against undocumented workers participating in a lawsuit by reporting them to immigration authorities for deportation.

The court order recognizes the abuse and concerns facing immigrant workers, which provides some helpful language for other courts to use when weighing this issue. The circuit court in this case, however, asked the lower court – the U.S. District Court for the Southern District of Mississippi – to set the guidelines for attorneys seeking information about U visa applications. The guidelines could potentially benefit immigrant workers by giving adequate weight to their privacy concerns.

The SPLC previously submitted an amicus brief in the district court supporting the workers’ case.

SPLC reports widely used

The SPLC reports cited in the order have been widely used by advocates and others to highlight the plight of immigrant workers and the need for reform.

Injustice on Our Plates: Immigrant Women in the U.S. Food Industryis a 2010 report based on interviews with 150 immigrant women who came to the United States to work in the food industry. They all told remarkably similar stories of being cheated out of wages, subjected to dangerous working conditions and enduring near-constant sexual harassment in the fields and factories.

Unsafe at These Speeds: Alabama’s Poultry Industry and its Disposable Workers is a 2013 report based on interviews with 302 workers currently or previously employed in Alabama’s poultry industry. The workers described a world where employees are fired for work-related injuries or even for seeking medical treatment from someone other than the company nurse or doctor. They also described being discouraged from reporting work-related injuries.

In addition to the sexual harassment case, Koch Foods of Mississippi recently received an $88,000 citation from the Occupational Health and Safety Administration for severe worker injuries.