User:Jdesa993/sandbox

Farmworker Issues and Abuses

Farm workers face many challenges globally and in the United States, and are among the most marginalized labor group in the world. The increasing prevalence of multinational corporations and a consolidated agricultural supply chain puts downward pressure on producers and thus wages and working conditions for labor. The International Labor Organization argues that the large scale restructuring of agriculture contributes to violations of the four fundamental worker rights: the right to join unions and bargain collectively, the elimination of forced labor, the ending of child labor, and the reduction of discriminatory hiring. Farm workers are more vulnerable to these abuses because of the precarious nature of their employment.

Not all farms and agricultural systems exhibit the following abuses and may respect the dignity of farm labor. The Swanton Berry farm for example "was the first strawberry farm in the United States to sign a contract with the United Farm Workers of America/AFL-CIO. The farm workers' contract includes the highest pay scales in the industry, health care, vacation and holiday pay. Nonetheless, there are many prevalent abuses within the agricultural labor industry.

Global trade agreements, like NAFTA, and the depression of crop prices across the developing world contribute to agricultural workers seeking employment outside of their home country. Undocumented workers are subject to horrible abuses because of their illegal status, which exclude them from basic worker protection laws . Even immigrant farmworkers granted a H-2A visa are still exposed to exploitation and mistreatment on the part of employers.

Sexual Harassment

Apart from enduring these workplace abuses like their male counterparts, female farmworkers usually have to face sexual harassment in their workplace. The Southern Poverty Law Center completed many studies investigating how many women had be victims of sexual exploitation and violence.In one of their studies completed in 1993 on Californian immigrant farmworkers, Maria Elena Tevino found that 90% of female farmworkers she interviewed agreed that sexual harassment is a major workplace problem. And in another study by them in 2008 where Southern Poverty Law Center eployess interviewed 200 low-wage Latina women working in five southern states, over three-quarters of the women said that sexual harassment was a major workplace problem; which demonstrates that sexual harassment remains a very real threat to these women today. Immigrant farmworker women are also frequently coerced or forced to trade sex with their supervisors in order to retain their jobs or to acquire them, according to the study by Maria Elen Trevino. In fact, rape is such a common occurrence for these immigrant women that when the U.S. Equal Employment Opportunity Commission investigated Californian farmworkers, the women referred to the field where they worked as the "fil de calzon", or field of panties. And even their male counterparts are guilty of inappropriate touching or lewd comments, so women are subjected harassment from their immigrant co-workers as well. These women often ignore their sexual abuse because of the shame and embarrassment they feel, and because of the fear of deportation if they went to police or other authority figures.

Their immigrant and gender statuses both contribute to the sexual abuse that is so prevalent for women in the agricultural industry. Women are so out numbered by male farmworkers (20:1) that they can be easily identified while working in the fields. Because of their vulnerability and visibility to male supervisors and co-workers, many women now attempt to hide their bodies by covering their faces with bandanas and wearing over-sized clothing. The Southern Poverty Law Center launched the Bandana Project in 2008 in order to acknowledge the sexual abuses of immigrant women to inform citizens of the United States about these egregious acts occurring in their home. In April of that same year, residents from 40 cities across the country stood in [[solidarity with immigrant women to bring awareness to workplace sexual harassment, but also to provide a voice for all those women too afraid or ashamed to talk. Like the Southern Poverty Law Center and Human Rights Watch, there are many organizations and programs aware of the workplace harassment of female farmworkers and interested in raising awareness of this issue .

Adverse Working Conditions

Farm labor is not only a physically demanding and often dangerous occupation, but the natural conditions that arise from it being an outdoor job create concerning circumstances. Prolonged sun exposure is a common concern, and a factor that is accompanied by severe health risks. Heat can be one of the most arduous aspects of farm labor, and the reoccurring case of inadequate breaks contributes to this dilemma . To add the the severity of these conditions, heatstroke has been reported as “the leading cause of work-related death among farmworkers,” . A low number or absence of breaks during the work day is a frequently cited violation of labor in the fields. Contractors will often pressure laborers to work faster than a reasonable pace and without breaks. This pressure can be verbal threats of firing the worker, deportation or even physical abuse . The lack of breaks during the work day is a clear infringement of farm workers’ human rights. The right to rest and leisure is stated in Article 23 and 24 of the Universal Declaration of Human Rights, as well as Article 7 of the ICESCR. Water and bathrooms are also break related issues. Farm workers have reported lack of water at the job site, or that which was provided being dirty. In a survey taken of North Carolina’s tobacco farm workers, “Sixty-one of the 86 workers interviewed said there was water in the field, but several said they were only allowed to drink it at certain times. Seven workers told interviewers that the water provided was dirty, hot, or often ran out during the day. Three workers said water was only provided sometimes, and three said water is not provided and they have to bring their own,” . There have even been instances of farmworkers resorting to extreme measures to access water, such as drinking out of ponds containing pesticides . Bathrooms are also frequently left out of the work space. Of the 31 North Carolina tobacco farmworkers interviewed in Oxfam America’s study, only 1/3 reported having access to a bathroom . In addition to environmental hazards, difficult working conditions can arise directly from the employers or contractors. There are numerous cases of physical and verbal abuse. Contractors will often threaten to call immigration or fire workers to motivate them or work past their quota. Beatings are frequently enacted by contractors or crew leaders to workers who may not be working fast enough or stop for a quick break (http://www.motherjones.com/tom-philpott/2012/03/farm-workers-get-beat-florida-fields-and-us-senate). Physical and verbal abuse are also ways to strike fear into the farmworker to prevent them from leaving . While not all agricultural worksites involve these horrendous conditions and practices, but they are not uncommon.

Modern Day Slavery

The topic of human trafficking is becoming more well known throughout the world. The media has played a role in bringing it into the light and academic literature on the subject is starting to increase. There is often an attitude of “not in my backyard” when it comes to the topic of human trafficking, but it permeates the United States as well. Farm workers are especially susceptible to human trafficking due to their often non-U.S. citizen or resident status, with a large majority being illegal or undocumented. They can be detained through numerous measures. It can be through physical force, threatening of harm or deportation, taking passports or visas, or indebting the workers.

Farmworkers are also at risk of human trafficking because their work sites are often geographically isolating areas. Language barriers can also be a means of isolation. Tobacco farmworkers in North Carolina mentioned language as a barrier for communicating problems or concerns. They are often put in a position of dependence on the contractors which gives the latter leverage to intimidate and control the workers. The seasonal and migratory nature of most farm work also contributes to farm laborers vulnerability to human trafficking. The constant flow of labor makes it difficult to keep track of workers and detect human trafficking.

There have been many cases of human trafficking among farm workers in the United States. Instances of workers being locked up, physically and verbally abused, identification stolen, and other means of detainment have made there way into seven federal cases regarding Florida agriculture. Florida is not the only state known for instances of modern day slavery. Recently, the largest U.S. case of human trafficking occurred in farms in Washington state and Hawaii where over 200 Thai workers had their passports taken and were threatened with deportation if they complained about working conditions. While malpractices such as these are widespread in the United States, efforts are being made to eradicate this issue.

Wage Theft

Wage theft is another form of slavery. It is the instance of payment being withheld or not paid in full. The most common occurrences of wage theft are when farmworkers are overworked and not compensated for the extra labor or through delayed payments. Sometimes workers are paid less than the federal minimum wage or their contractors will underreport their hours or even make unauthorized non-tax related deductions from their paycheck . There have even been instances of discrimination related to wage theft, where H-2A workers and undocumented workers doing the same jobs were paid at different rates, the latter receiving the lower wages . Wage theft is a common occurrence in agricultural labor and contributes to the slave-like conditions of the sector.