Family Fresh Harvesting Conciliates EEOC Pregnancy Discrimination Charge

DETROIT – Family Fresh Harvesting, LLC, a farm labor contractor which provides temporary H-2A visas to agricultural workers at nurseries in Michigan and farms in Georgia, entered into a conciliation agreement with the U.S. Equal Employment Opportunity Commission (EEOC) to resolve a pregnancy discrimination charge, the federal agency announced today.

In the charge, a pregnant female H-2A employee alleged that Family Fresh fired her and sent her on a bus back to Mexico after she requested unpaid time off to attend medical appointments for her pregnancy. The termination violated Title VII of the Civil Rights Act’s prohibition on sex discrimination.

As part of the conciliation agreement, Family Fresh will provide monetary damages to the former employee. In addition, the company will provide training on Title VII, the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA) to all its employees, including human resources, management and supervisory personnel at the beginning of each work season. The company will also send electronic notice in English and Spanish to all its employees regarding its commitment to provide reasonable accommodations to pregnant employees and hire employees irrespective of their sex or pregnancy.  

“The EEOC is committed to ensuring the rights of all pregnant employees, including vulnerable workers such as temporary agricultural workers,” said Michelle Eisele, the EEOC’s Indianapolis district director. “We commend Family Fresh for providing relief to the worker and training for all its employees.”

EEOC Detroit Field Office Director Ramiro Gutierrez said, “Title VII and the recently enacted Pregnant Workers Fairness Act protect pregnant workers from being fired simply because they need to attend medical appointments related to their pregnancy. Employers must ensure they understand their responsibilities to pregnant workers under both laws.”

For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.

The EEOC’s Indianapolis District Office is responsible for addressing discrimination charges and conducting agency litigation in Michigan, Indiana, Kentucky, and parts of Ohio.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.