A U.S. District Judge has approved settlements between the EEOC and four Hawaii farms totaling $2.4 million for about 500 Thai farmworker victims of national origin discrimination and retaliation. The settlement encompasses monetary relief, options for jobs and benefits, housing, other reimbursements of expenses, and sweeping injunctive relief remedies.

The EEOC alleged that Thai farmworkers were contracted through Global Horizons to work at the farms sometime between 2003 and 2007 under the H2-A temporary visa program, which required the farmworkers to be provided food and housing aside from pay for work performed.  Exorbitant recruitment fees placed the Thai workers into a situation of debt bondage early on.  Workers were then subjected to varying degrees of  denial or delay of pay; had their movements monitored and passports confiscated; had production quotas imposed that did not apply to non-Thai workers; were denied adequate food and water; and forced into unsanitary, overcrowded living conditions.  Those who complained of the pattern or practice of discrimination and harassment were retaliated against, with many forced to quit or flee as a result.

As part of the four consent decrees finalized today, Mac Farms will pay $1.6 million, Kauai Coffee will pay $425,000, Kelena Farms will pay $275,000 and Captain Cook Coffee will pay $100,000 directly to the victims.  As such, the total direct monetary relief recovered is $2.4 million.  In addition, Kelena Farms offered full-time jobs with generous benefits, profit-sharing & 401(k) plan options, while Captain Cook Coffee offered seasonal jobs, benefits, transportation and housing for workers during the term of their decrees.  The offers extended by Kelena and Captain Cook, valued at nearly $4.9 million, add to the direct monetary settlements over the duration of the consent decrees.  The EEOC will monitor the terms of the job offers.

Sweeping injunctive relief approved by the judge in all of these consent decrees will ensure that farms and farm labor contractors (FLCs) disseminate policies and procedures prohibiting discrimination to their local workforce and to H2-A guest workers in a language they understand; conduct audits to ensure FLC compliance with the consent decree; designate a corporate compliance officer for oversight of FLCs and Title VII compliance; train managers, supervisors and employees on their obligations under Title VII; and report to the EEOC and maintain records.