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Indigenous & Latina Women & Children's Human Rights News from the Americas 


 

 
Latin American Women, Children at Risk

Sexual Exploitation in the Workplace Across the Americas

Last Updated April 28, 2008

"Traditions" of Workplace Rape Across the United States and Latin America

 

A crisis of rape with impunity in the workplace severely impacts the lives of Latin American immigrant women and girls across the United States

 

Plaintiffs & EEOC staff attorneys involved in a  $1,855,000 voluntary settlement resulting from a class action suit brought on behalf of  lettuce giant Tanimura & Antle female employees subjected to sexual harassment and retaliation in California & Arizona.  Full story.
 
EEOC Reveals Rise in Cases Involving Blue-Collar Women
--------------------------------------------------------
Two years after the U.S. Supreme Court clarified employer liability in sexual harassment cases, experts say the problem remains persistent even while the nature of complaints shifts.

An examination of the caseload at the U.S. Equal Employment Opportunity Commission reveals that companies are facing a changing and growing roster of complaints. The EEOC, under its first Latina chair, Ida Castro, cites an " alarming" rise in cases involving the most vulnerable women in the workplace: those filling blue-collar and factory jobs, especially immigrants.

NEWS



Added April 28, 2008

Florida, USA

Tampa - More than anything, the young mother wanted her children in a permanent home so they could succeed in elementary school. They must not end up like her and their father, hunched over rows of crops all day...

When the owner of the farm began sexually assaulting her, she kept it a secret. If her hot-headed husband learned of it, he might take matters into his own hands. If he went to prison, she and her children would be destitute...

...Lourdes Villanueva... with the Redlands Christian Migrant Association in Plant City tried to help. But the woman was ashamed and terrified - of immi-gration officials, of deportation, of her husband's wrath, of the boss, of getting her family blackballed from working again. No, she would handle it. No policia, no. When Villanueva visited her trailer this month, the family was gone...

Mary Bauer, director of the Immigrant Justice Project at the SPLC, testified April 15 about farmworker exploitation before the Senate Committee on Health, Education, Labor and Pensions... Bauer told the senators that of the estimated 70,000 female farmworkers in Florida, hundreds if not thousands face chronic sexual harassment on the job. They often are forced to have sex with supervisors to get or keep jobs, she said, and they put up with a "constant barrage of grabbing, touching and propositions for sex by their supervisors."

...Ramirez says the few studies that have been done on sexual exploitation reveal a pattern.

"It's like a Catch-22," she says. "The women know the abusers won't get in trouble, and the abusers know it, too. They'll use threats against the woman's family or say, 'I'll have your husband and children deported.'

"If they're undocumented, they are certain no one will believe them..."

- Donna Koehn

The Tampa Tribune

April 27, 2008

LibertadLatina note:

The above tragic story of severe sexual harassment and 'legalized' (because nobody gets prosecuted) serial rape is repeated in thousands of farmworker communities, and in tens of thousands of low-wage jobs in restaurants, office cleaning jobs and hotels, for example, across the United States.  In my 25+ years of advocacy work for this population in the Washington, DC region, I have seen little improvement in conditions for women and underage girl immigrants who came to the U.S. largely to escape the impunity of 'legalized' sexual assault across all of Latin America.

Latin American community leaders within the U.S. have a responsibility to change course from the past pattern of ignoring this issue, and stand-up to fight for the dignity and basic human rights of women and children.

Silence is also violence!

End impunity now!

- Chuck Goolsby

LibertadLatina

April 19, 2008

See also:

LibertadLatina

The sexual Exploitation of Women and Children in the Washington, DC Region

LibertadLatina

The Workplace Rape of Latina and Indigneous Women in the U.S. and Latin America


Added Jan. 24, 2006

Mexico

Deputy Angélica de la Peña

Photo: La Cronica

99% Of Domestic Workers In Mexico Are Adolescents And Girls - 40,000 Are Under Age 14.

El 99 por ciento de las trabajadoras domésticas del país son adolescentes y niñas; 40 mil tienen menos de 14 años.

Mexico City - Deputy Angélica de la Peña of the Democratic Revolutionary Party (PRD), president of the Special Commission on Childhood, Adolescents and Families in the Chamber of Deputies (Lower House), indicated in a press conference that 99% Of all domestic workers In Mexico are adolescents and girls who do not study in school, and who are vulnerable to sexual abuse in their work-places.

Deputy de la Peña stated that 40,000 of these workers are under 14-years-of-age, children who depend upon their employers for shelter and food.  They have no set list of work tasks, and no work schedule.

 Domestic work is considered to be the least respected, the most poorly paid and the least regulated form of work.

Although the Mexican Constitution states that children must be provided with food, healthcare, education and recreation for their integral development, and  prohibits youth under age 14 from working, the reality is that Mexican society is violating that sacred concept.

Mexico is also a signatory to the International Labor Organization's Convention 182, prohibiting the worst forms of child labor.

Faced with these realities, Deputy de la Peña is proposing that the Mexican Congress modify Article 175 of Mexico's employment Law, to completely eliminate child domestic work.  In addition, the Deputy would like to add an Article 21 to the Law for Child and Adolescent  Protection, to specifically defend children from forms of work that subject them to sexual, physical or psycho-logical harm.

- La Cronica de Hoy

Jan. 22, 2006

See Also:

Web Site / Sitio Web - Diputado Angélica de la Peña

 


Added Dec. 10, 2005

México

Minimizan violencia hacia mujeres en el ámbito laboral.

Women labor leaders in Mexico held a press conference to announce that, despite the fact that violence against women in the workplace is a constant reality, official action against these aggressions are few, and that employers and government institutions still see workplace sexual violence as ‘natural.’

Organizers of the event are promoting their Women’s Political Agenda in Relation to Political Power, which emphasizes the importance of creating environments free of workplace violence, particularly sexual harassment and assault.

Daisy Hernandez, member of National Union of Education Workers (SNTE)…

“Violence against women in the workplace has not been seriously investigated, and when there are investigations, it is apparent that money corrupts the companies and government agencies involved, since there are never any results.”

Marcelina Bautista, founder of the Center of Support and Training for Domestic Employees…

Without legislation to protect them, domestics, who are typically children, are subject to violence by homeowners who force them to work up to 16 hours a day and who subject them to sexual harass-ment.

Maria Salazar, also of the SNTE…

This is violence that really is a form of terrorism, although it is not viewed as such [by society].  "We have all lived through workplace violence in flesh and blood, or through assisting our sisters who have been."

- CIMAC Noticias

Dec. 09, 2005

 


Added Oct. 29, 2005

Nicaragua

Domésticas en mira de patrones abusivos.

According to a legal investigation done by the International Labor Organization (ILO) domestic work done by adolescent girls between the ages of 12 and 16 is an open door to the sexual exploitation. 

The majority of male homeowners sexually abuse these workers.  In addition to being subjected to workplace rape, these girl workers are often denied pay for their work.

- ElNuevoDiario.com.ni

 Oct. 28, 2005

LibertadLatina Note:

The sexual and economic exploitation of girls, youth and women in the workplace is common across Latina America and also affects many thousands of low- wage workers in the U.S.  Our work started out in advocacy for this abused population.


Added July 03 2005

Selected U.S. Equal Employment Opportunities Commission (EEOC) actions in the first half of 2005:


United States


 EEOC Launches Spanish-language Youth@work Web Site.

06/29/2005


 Rivera Vineyards in California to Pay 1.05 Million to Latina Women Subjected to Severe Sexual Harassment, Rape, Retaliatory Firings & Job Segregation.

06/15/2005


 Aerospace Leader Hamilton Sundstrand to Pay 1.25 Million to Latino Workers in olorado Subjected to Hostile Work Environment.

05/20/2005

  Las Vegas Hotel/Casino Caesars Palace is Sued Alleging that for Years, Five Managers in Kitchen Forced Oral Sex Acts, Bodily Touching, Unfavorable Treatment for  Resisting and Retaliation on Women Workers, Including a Pregnant  Employee.

04/04/2005


 McDonalds in New Mexico & Arizona Sued for Managerial Sex Harassment of Young Workers.

02/24/2005


 California's Agriculture Giant Harris Farms  Ordered by Jury to Pay $994,000 to a Married Mother of 5, Repeatedly Raped at Work by Her Boss,  Who Threatened Her and Other Women, Bragged of His Impunity, and Carried a Gun and Knife.

01/21/2005            

 
Article Links from Human Rights Watch, added on 12/11/204:

The Sexual and Physical Abuse of Underage Girl Domestic Workers in El Salvador (below).

The Exploitation of Migrant Women Domestic Workers with Special Visas, in the U.S. (below).

 
 

1 - Sexual Exploitation of Latin American Women & Girls in the  Workplace - Montgomery County, MD

 

Working To Make a Difference

The work of LibertadLatina.org grew out of 2 decades of effort focused on providing Latina and Latina Indigenous women and girls in Montgomery County, Maryland (a suburb just north of Washington, DC)... with advocacy against rape and retaliatory firings (for not giving in to rape) that were and are the daily reality in the low-wage workplace.  The abuses commonly encountered include those described outrages in the Laurel, MD EEOC case (see below), and included  actual cases of rape and coerced sexual exploitation.  Latina and Indigenous women and girls in the U.S. face an epidemic of rape in their workplaces and communities.  The legal system does not now effectively protect these women and children from criminal sexual assault.

LibertadLatina.org's work within the Washington, DC region has documented the fact that the dynamics of historic patterns of anti-female exploitation with impunity that target Latina and Indigenous women and girls are merging with other, existing forms of local criminal sexual predation in the U.S.,  subjecting immigrant women and children to open sexual assault with impunity in low-wage workplaces and on the streets of their communities.

The below employment abuse cases document the  sexual assault, coercion and severe sexual harassment events that the author has witnessed firsthand, second-hand and through third-hand stories from dozens of immigrant women and girls since the 1980's. 

Convincing abused victims to come forward and pursue long-term legal actions (cases typically take two years to resolve) is difficult.  Case duration combines with justified  immigrant women's fear of the judicial system's possible prejudices and fear of the known terror tactics of their supervisors to often convince victims to either keep quiet and submit to rape in the workplace, or to face retaliatory reprimands, demotions, shift changes and firings for not submitting to the sexual demands of their supervisors and managers.  These events occur every day in the U.S.

Latina immigrant women and girl workers are typically unaware of the laws against sexual harassment and sexual coercion on the books.  When the author distributed the translated version of the Montgomery County Women's Commission's Sexual Harassment brochure to Latina women workers in the mid 1990's, for example, it was read with astonished surprise that such laws existed in the United States.  When the author noted to the Montgomery County Women's Commission during a May, 1994 presentation to them on these issues that... more brochures needed to be printed, and that I could effectively distribute them (I did Latin event promotions at the time), several commission members shook their heads in disbelief and my request was denied.  That simple action still, nine years later in 2003, needs to be taken in Montgomery County, MD and across the U.S.

The effective communication by advocates to Latina victims of their rights and abilities to pursue criminal, civil and EEOC legal cases will be a critical part of the education process needed to break the code of silence surrounding these acts of blatant impunity in the U.S. workplace.


Presentation to the Commission for Women

A Letter from the Montgomery County, MD Women's  Commission responds positively to Charles Goolsby, Jr.'s May 27, 1994 presentation before the Commission that detailed many of of the abuse cases listed on the LibertadLatina.org web site and specifically on this page).  Despite over a decade of effort, both the abuse with impunity faced by working Latina women and girls and the apathy and inaction of police and judicial authorities continue to be an ongoing horror in this county.


True Cases from the Frontlines of Impunity

The below three workplace sexual and physical abuse cases are all 100% factual.  The case narratives speak for the victims, and they document the voiceless cries of tens if not hundreds of thousands of working women and girls across the United States who face rape and coercion with impunity largely because anti-immigrant hostility and apathy  from government agencies allows it to happen,

That must change!  Only public awareness and public expressions of outrage to elected officials, police administrators and local prosecutors will lead to improvement.  Nothing else seems to motivate change.

Deliberate Inaction was the official government and corporate response in all of these cases.

 

  

Using the Pen to Fight Back Against Impunity

In response to repeated failures to get the legal and press establishment of Montgomery County and the greater Washington, DC area to respond positively to the urgent needs of Latina victims of workplace and community sexual assault, the author wrote the below report and has distributed it to many local police, press and advocacy organizations during the past 9 years.  

The organizations that have received  this report in-person from the author have included the Montgomery County Police Department, the U.S. Department of Labor, Women's Bureau staff and attendees at their 1995 Low Wage Workers Conference, and the Montgomery County Commission for Women (1994).  The report was sent by mail to the U.S. Department of Justice, Worker Exploitation Task Force in 1999.

LibertadLatina.org is the evolution of that 1994 report over time.  The issues remain the same, and the severity of this crisis is now worse than it was in 1994.  Public pressure is still needed to change the environment of sexual exploitation with impunity facing U.S. immigrant women and girls every day.

- Chuck Goolsby - September, 2003

 

Montgomery County, MD -- 1994 

Charles M. Goolsby, Jr.'s 1994 Report on the Sexual Exploitation of Latina immigrant Women and Girls in Montgomery County, Maryland

EXCERPT

...All of my work in Latin-American immigrant victim-advocacy has resulted from victims having approached me seeking help. Repeatedly, the official reaction of cleaning contract companies working within Montgomery County to my polite raising of these issues has been to do the following: 1) silence any discussion of these issues by the use of gross intimidation against the victims and myself, 2) fire or force the victims out, and 3) back-up the actions of the perpetrators, protecting them from legal trouble.

Latin-American immigrant women have thus gotten the message loud and clear on many occasions that they have become a cheap, disposable resource in the American work-place, underpaid, overworked, and often forced into sexual submission while government and commerce knowingly turn their backs.

At this time I have found it necessary to write this report. Since 1988 I have formally presented this information to many persons-in-authority. Time after time, these well-educated, well-paid officials of public and commercial organizations have said "SO WHAT!" This report is a substitute for the muffled CRY OF RAPE from victims who are tired of having become the sexual 'cannon-fodder' of America...

- Charles M. Goolsby, Jr. - February, 1994

 

 

 
 

Additional Cases

 


   

Laurel, Maryland -- June, 2002

The below case from Laurel, Maryland, a city on the Route !-95 corridor in Prince Georges County, just East of Montgomery County, has defined in a formal legal setting exactly the types of sexual coercion and severe sexual harassment that the author has fought against in neighboring Montgomery County, Maryland since the 1980s.  Even pregnant Latina women and girls are routinely pressured for sexual favors by their managers and supervisors in the low-wage workplace.

"One of the complainants, having been fired after putting up with daily unwanted fondling, was, at the time, pregnant. She was told to come back after the pregnancy (when she could be exploited sexually)."

Workplace Rape: Rockville, Maryland - Case 3

 


The U.S. Equal Employment Opportunity Commission (EEOC) today announced a $1 million settlement of a class action lawsuit against Grace Culinary Systems, Inc. and Townsend Culinary, Inc. alleging egregious sexual harassment of 22 Hispanic women at a food processing plant in Laurel, Maryland. The suit charged the companies with routinely subjecting the female workers, all recent immigrants from Central America who spoke limited English, to unwanted groping and explicit requests for sexual favors by male managers and co-workers over several years. 

...The sexual harassment was widespread with managers routinely subjecting women to groping and crude and explicit requests for sexual favors over a period of years. The harassers were managers and male co-workers...

...One woman was locked in a freezer by her supervisor after she turned down his sexual request. Two other women who were pregnant at the time were pressured for sex and subsequently demoted and fired following their refusal to comply with the adva