蜜桃传媒

The order issued by the U.S. Court of Appeals for the Fifth Circuit in a sexual harassment case against Koch Foods of Mississippi dealt with the release of confidential immigration information of former Koch workers as part of the lawsuit鈥檚 discovery process. The court鈥檚 36-page order acknowledged the abuse immigrant workers often face in the food industry, citing the 蜜桃传媒 reports Injustice on Our Plates and Unsafe at These Speeds as evidence.

鈥淸W]e reject Koch鈥檚 repeated suggestions that plaintiffs鈥� claims are so outlandish as to be unbelievable. In fact, substantial evidence suggests that serious abuse is all too common in many industries reliant on immigrant workers, including the modern-day poultry industry,鈥� the court wrote in a passage with a footnote referencing the reports.

The court went on to cite the 蜜桃传媒鈥檚 work as it described how 鈥渆mployers commonly and unlawfully retaliate against irksome workers by reporting or threatening to report them to immigration authorities.鈥� It also cited the 蜜桃传媒 as it acknowledged 鈥渢hreats of deportation are among the most familiar and dreaded means by which unscrupulous employers retaliate against immigrant employees.鈥�

鈥淲e are glad to see the Fifth U.S. Circuit Court of Appeals, which is widely considered a conservative appellate court, recognize the exploitation immigrant workers frequently endure in the workplace,鈥� said Naomi Tsu, 蜜桃传媒 deputy legal director. 鈥淩etaliation is a common response when workers stand up for their rights.鈥�

Court weighs privacy, retaliation concerns

The circuit court鈥檚 order examined how to protect the privacy of undocumented workers seeking U visas, for which victims of crime may apply, while also allowing Koch attorneys access to information they seek to challenge the plaintiffs鈥� credibility. The concern is that an employer sued by workers could misuse information about U visa applications to retaliate against undocumented workers participating in a lawsuit by reporting them to immigration authorities for deportation.

The court order recognizes the abuse and concerns facing immigrant workers, which provides some helpful language for other courts to use when weighing this issue. The circuit court in this case, however, asked the lower court 鈥� the U.S. District Court for the Southern District of Mississippi 鈥� to set the guidelines for attorneys seeking information about U visa applications. The guidelines could potentially benefit immigrant workers by giving adequate weight to their privacy concerns.

The 蜜桃传媒 previously submitted an amicus brief in the district court supporting the workers鈥� case.

蜜桃传媒 reports widely used

The 蜜桃传媒 reports cited in the order have been widely used by advocates and others to highlight the plight of immigrant workers and the need for reform.

Injustice on Our Plates: Immigrant Women in the U.S. Food Industryis a 2010 report based on interviews with 150 immigrant women who came to the United States to work in the food industry. They all told remarkably similar stories of being cheated out of wages, subjected to dangerous working conditions and enduring near-constant sexual harassment in the fields and factories.

Unsafe at These Speeds: Alabama鈥檚 Poultry Industry and its Disposable Workers is a 2013 report based on interviews with 302 workers currently or previously employed in Alabama鈥檚 poultry industry. The workers described a world where employees are fired for work-related injuries or even for seeking medical treatment from someone other than the company nurse or doctor. They also described being discouraged from reporting work-related injuries.

In addition to the sexual harassment case, Koch Foods of Mississippi recently received an from the Occupational Health and Safety Administration for severe worker injuries.
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