The Justice Department has filed a lawsuit against Jerry Estopy, doing business as Estopy Farms, a sorghum and soy farm in McAllen, Texas, alleging employment discrimination.
The department claims that Estopy Farms discriminated against a U.S. citizen when it refused to hire him for a position as a cotton picker operator in 2010 due to his citizenship status. The farm allegedly preferred to hire foreign workers under the H-2A visa program instead.
According to the department’s complaint, the U.S. citizen had over 12 years of experience operating cotton combines and tractors, but was not hired by Estopy Farms. The farm subsequently hired a number of seasonal foreign workers through the H-2A program.
The Justice Department alleges that Estopy Farms’ actions violate the Immigration and Nationality Act’s anti-discrimination provision, which prohibits employers from discriminating against workers based on national origin or citizenship status.
“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 lawsuit was filed as a motion to intervene in an existing lawsuit brought by Texas Rio Grande Legal Aid on behalf of the two U.S. citizens. The Justice Department is represented by trial attorney Liza Zamd in this matter.
For more information about protections against employment discrimination under the INA, call 1-800-255-7688 (OSC’s worker hotline) or 1-800-255-8155 (OSC’s employer hotline).
The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.
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