Family Fresh Harvesting Resolves EEOC Pregnancy Discrimination Charge

Background

Family Fresh Harvesting, LLC, a farm labor contractor employing temporary agricultural workers through H-2A visas in Michigan nurseries and Georgia farms, faced a pregnancy discrimination charge filed by the U.S. Equal Employment Opportunity Commission (EEOC). The case arose after a pregnant H-2A worker claimed she was terminated and sent back to Mexico upon requesting unpaid leave to attend medical appointments. This action violated Title VII of the Civil Rights Act, which prohibits sex-based discrimination, including pregnancy-related actions.

Settlement

Family Fresh Harvesting entered into a conciliation agreement with the EEOC to resolve the charge. As part of the agreement, the company will:

• Provide monetary damages to the affected employee.
• Conduct mandatory training for all staff on Title VII, the Pregnant Workers Fairness Act (PWFA), and the Americans with Disabilities Act (ADA) at the start of each work season.
• Issue bilingual notices (English and Spanish) to all employees, affirming its commitment to accommodate pregnant workers and to hire individuals irrespective of pregnancy or sex.

Key Takeaways

1. Pregnancy Protections: Title VII and the PWFA ensure employees cannot be discriminated against due to pregnancy or related medical needs.
2. Employer Obligations: Employers must provide reasonable accommodations for pregnant workers, including unpaid leave for medical appointments.
3. Training and Communication: Implementing training and clear communication helps foster compliance and inclusivity.

Conclusion

This resolution highlights the importance of protecting the rights of pregnant employees, including temporary and vulnerable workers like those on H-2A visas. Through its actions, Family Fresh Harvesting aims to prevent future discrimination and build a workplace where employees feel supported and respected.