The Law at Work: Who is joint employer under federal employment discrimination law?
Growers that use temporary or seasonal foreign guest workers must provide those workers with clean and safe housing and transportation to and from the worksite plus nominally priced meals or free access to cooking facilities. Last month, The Ninth Circuit Court of Appeals ruled that growers may be liable under Title VII, the federal employment discrimination law, if those accommodations are provided in an unlawfully discriminatory manner, even where the growers delegate those non-farm matters to a labor contractor. In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton examines a case between the U.S. Equal Employment Opportunity Commission, two Washington State fruit growers and the now-defunct Global Horizons to further explain.
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