Supervisors of Giumarra Vineyards in California hurl racist insults at indigenous farm workers from Mexico:
"Stupid Indians" .... "Indians are of no use" ..."Indians don’t understand anything or how to do anything"
Workers reported these statements as evidence of the harassment and discrimination based on "indigenous status" for a lawsuit involving the sexual harassment of a 17-year old girl.
The farm workers are organizing to get a United Farm Workers (UFW) contract so they can obtain some protection from the continual abuse and violation of their rights by Giumarra, but a UFW rep told me it will be some time before it is unionized.
We can help now with an e-mail letter campaign to ask Kroger (which buys the produce) to enforce its company rules that vendors can not discriminate against workers and "must operate in a manner that respects the rights of people."
Kroger has standards that require vendors like Giumarra to comply with Kroger's Code of Conduct (pdf file):
In order to work with Kroger, vendors and their contractors in the U.S. and other countries are expected to operate in a manner that respects the rights of people and to abide by our Code of Conduct.
This Code of Conduct includes:
Workers may not be unlawfully discriminated against on the basis of race, color, religion, gender, national origin, age, disability or sexual orientation.
The workplace must be free from harassment, which includes sexually coercive, threatening, abusive or exploitative conduct or behavior or harassment because of one’s race, color, religion, gender, national origin, age, disability or sexual orientation.
Workers at all times must be treated fairly, with dignity and respect.
The "Kroger grocery chain includes Ralphs, Food for Less, Fred Meyer, QFC, Frys, Baker’s, City Market, Dillions, Foods Co, Gerbes, Hilander, JayC Stores, King Soopers, Owen’s Market, Scotts Food & Pharmacy, Smiths Food & Drug, Smith’s Marketplace, Turkey Hill, and more."
Giumarra violates Kroger's code of conduct repeatedly when it treats the farm workers as objects lacking human rights.
"We aren't treated like humans."
Two farm workers died from heat-related causes while working in the fields.
Socorro Rivera works for the largest grape grower in the United States, Giumarra Vineyards Corporation, which has vineyards in Kern and Tulare counties. On hot days, the shade provided by Giumarra consists of a plastic tarp slung over three rows of vines. Workers do not take shelter under it because air doesn’t circulate under the tarp, and it’s hotter there than in direct sunlight, Rivera says. Giumarra’s training to prevent heat illness consists of a supervisor reading a list of heat illness symptoms for 10 minutes once a year.
The Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Giumarra for violating federal law by "subjecting a teenage female farm worker to sexual harassment." The co-worker made repeated sexual advances, "graphic requests for her to have sex with him; and offensive sexual comments such as telling her that he had a large penis and that he wanted to stick it in her." This sexual harassment occurred almost every day. When the young woman, and other workers who came to her defense, reported the sexual harassment to management, Giumarra retaliated by firing all of them the next day.
A class action lawsuit (pdf file) was filed in 2008 because Giumarra required workers to "perform unpaid, off-the-clock work in violation of federal and state wage and hour laws."
Current and former employees complain about stolen wages, and being denied meal or bathroom breaks. Workers frequently complain that they are not allowed to drink water despite triple-digit heat conditions, and at least two have died from heat exhaustion. When workers try to unionize, they are intimidated and often fired.
The UFW wants us to tell Kroger that its customers will not accept the continued abuse and discrimination against its workers. Kroger grocery chain is one of Giumarra's biggest customers.
Please click on the green Participate link at this page to e-mail a letter to Kroger CEO Dave Dillon and Ralphs Customer Service. The UFW's letter-writing program provides a message that you can use, edit, or write your own message as well as talking points and writing tips. This letter-writing tool allows you to preview the final draft before hitting "send email."
It only takes a few minutes to send this email.