In a somewhat unusual case a judge decided that the EEOC was justified in its claim that an American company was discriminating against American workers on the basis of national origin. Puzzled? Let me explain.
Harder on Americans
A Georgia farm was accused of having standards for American workers that were higher and more stringent than for workers from other nations, primarily Hispanic workers. The American workers, both white and black, were given quotas of picking vegetables that the Hispanic workers were not given. It was claimed that two American workers were even fired for not meeting quotas they knew nothing about until after they were fired. The implication of the case was that the company was getting rid of American workers in preference for the foreign born workers. I will let you surmise what the motive may have been for that move.
The company argued that the EEOC had not been able to prove its claim. The judge said at this point the EEOC did not have to prove its claim it “must only make plausible allegations which, if true, would prove a violation.” Thus the case has been allowed to proceed to trial. According to attorneys Patrick DePoy and Michael Warner, Jr., of Franczek Radelet, “The court held that, if proven, Baker Farms could be liable for disparate treatment in violation of Title VII’s prohibition on discrimination based on national origin.”
The lesson in this case is that the protection against national origin discrimination extends to all employees in companies with 15 or more employees. If they feel they are being discriminated against in preference to non-American workers they can file a claim of discrimination on the basis of their national origin. That claim is not just to protect those born outside of the US.