In a shocking case of hiring bias, Jerry Estopy, d/b/a Estopy Farms, a sorghum and soy farm in McAllen, Tex., has been sued by the Justice Department for allegedly discriminating against a U.S. citizen in his hiring practices. The case revolves around a job application submitted by the citizen in June 2010 for a position as a cotton picker operator.
According to the complaint, the U.S. citizen was not hired, and Estopy Farms instead chose to hire a number of seasonal foreign workers under the H-2A visa program. The program allows foreign nationals into the U.S. for temporary or seasonal agricultural work, but requires employers to certify that they have actively tried to recruit U.S. workers for the jobs and that the temporary workers’ employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The Justice Department alleges that Estopy Farms did not follow these rules and instead preferred to hire foreign workers. The department is seeking to intervene in a lawsuit filed by two U.S. citizens, including the injured party, against the farm. The lawsuit was filed by Texas Rio Grande Legal Aid on November 14, 2011, with the Office of the Chief Administrative Hearing Officer (OCAHO) within the Justice Department’s Executive Office for Immigration Review.
“The Justice Department will not tolerate discriminatory hiring practices,” said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. “While the department does not enforce the rules pertaining to the H-2A program, we will vigorously enforce the INA’s anti-discrimination provision, which protects U.S. workers against an employer’s illegal and discriminatory preferences.”
The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protections against employment discrimination under the INA, call 1-800-255-7688 (OSC’s worker hotline) (1-800-237-2525, TDD for hearing impaired), 1-800-255-8155 (OSC’s employer hotline) (1-800-362-2735, TDD for hearing impaired), or 202-616-5594; email osc.crt@usdoj.gov; or visit OSC’s website at www.justice.gov/crt/osc.
The Justice Department is represented by trial attorney Liza Zamd in this matter. The case highlights the need for employers to follow fair hiring practices and avoid discriminatory biases in their hiring decisions.
The lawsuit filed by the Justice Department against Jerry Estopy, d/b/a Estopy Farms, is a significant step in enforcing the INA’s anti-discrimination provision and protecting the rights of U.S. workers. The case serves as a reminder to employers that discriminatory hiring practices will not be tolerated and that the Justice Department will vigorously enforce the law to protect the rights of American workers.
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