Toppenish farmworkers ‘held to unequal standards’ to share $1M settlement

The Washington Attorney General’s office announced that more than 50 local farmworkers will share a $1 million settlement as part of a consent decree in a case charging a Yakima Valley hops and apple grower with treating U.S. workers differently than guest workers.

A Yakima County Superior Court entered the consent decree against Cornerstone Ranches, a Toppenish grower, on Dec. 22.

Washington Attorney General Nick Brown sued Cornerstone and affiliates in June, alleging they violated the Washington Law Against Discrimination and the Consumer Protection act when it fired local workers after holding them to productivity standards and other requirements that were not applied to guest workers in the country through the federal H-2A visa program.

The case was referred to the state by the Northwest Justice Project.

In one example, the suit notes local workers were penalized and even fired if they failed to prune 100 apple trees per day while their H-2A peers were not. The unequal treatment violates rules governing the use of guest workers to address temporary labor shortages.

According to the AG’s office, many of the affected workers were women, while the H-2A workers were men.

The state attorney general notes that to be eligible for the H-2A program, employers must certify there is a labor shortage and offer local workers equivalent benefits, wages, guarantee or hours and working conditions offered to foreign workers.

As part of the consent decree, which will stay in place for at least three years, Cornerstone will be barred from applying piece-based productivity standards to local farmworkers in any year that it also hires guest workers.

“It’s a good day when you can return money to farmworkers who suffered discrimination and unfair treatment,” Brown said in a release announcing the consent decree.