Commemorating the Wins and Losses of Hispanic Workers in History
Even though the federal holiday of Hispanic Heritage Month only spans from September 15 to October 15, the fight for Hispanic civil and labor rights in America has persisted for the past century. As a lawyer that advocates for workers who have been discriminated against, I’ve seen firsthand how the fight for civil rights continues to shape the lives of Latinos in the workplace.
Hispanics make up 40.2% of Texas’s population, the largest group in the state, according to the 2022 census. They are also 30% more likely to die from a work injury than other workers.
Hispanic workers are overrepresented in high-risk but essential industries like construction, agriculture, transportation, and manufacturing. These jobs often involve hazardous conditions that greatly increase the risk of serious injuries and fatalities. Oftentimes, employers will also neglect to make sure their employees, especially those who don’t speak English fluently, know their rights and proper safety protocol.
Despite these alarming numbers, the state of Hispanic workers’ rights has come so far from where they began. Hispanic Heritage Month seems like the perfect time to reflect on the groundbreaking civil rights cases and events that have paved the way for equality, especially for Latino workers. These cases, including both wins and losses for the Latino community, are a reminder that the legal battles fought for justice still impact the rights of Latinos in the workforce today.
Pecan Shellers Strike: Wages and Working Conditions
In 1938, about 12,000 pecan shellers, mostly Mexican American women, decided to walk out of their jobs in San Antonio, citing drastic pay and grueling working conditions. Spanning three months, the strike attracted nationwide attention and incited confrontations between the government, pecan companies and workers.
Eventually, the strike led to a victory as wages were raised and working conditions improved. It also led to the passing of The Fair Labor Relations Act which effectively raised the minimum wage to 25 cents per hour, which would not be worth much today, even after conversion, but was a significant step forward for workers’ rights in history.
Mendez v. Westminster: The Fight Against Segregation
Before Brown v. Board of Education challenged school segregation for African Americans, Mendez v. Westminster (1947) fought against segregated schools for Mexican Americans. This case centered around Sylvia Mendez, a young girl who was denied entry into a white school in California because of her Mexican heritage.
The Mendez family, along with other Latino families, sued the school district, arguing that segregating Mexican American students was unconstitutional. The federal court ruled in their favor, marking one of the first successful desegregation cases in U.S. history.
While Mendez v. Westminster was about education, its impact stretches far beyond the classroom. As a discrimination lawyer, I often see the echoes of this fight in the workplace. Segregation and exclusion, whether in schools or jobs, have lasting effects on the opportunities available to Latino workers.
National Farm Workers Association (NFWA): Advocating for Workers’ Rights
The NFWA, founded in 1962 by César Chávez and Dolores Huerta, was a game-changer for Hispanic workers’ rights, especially in the agricultural sector. Before the NFWA, farm workers, many of whom were Mexican American or Mexican immigrants, endured grueling working conditions, long hours, and meager pay without any legal protections or the ability to collectively bargain. The NFWA aimed to change that by organizing farm workers and advocating for better wages, improved working conditions, and the right to unionize.
The group organized a particularly successful grape strike from 1966 to 1977, spreading awareness about the Chicano movement across the nation and around the world. Their actions set the precedent for collective bargaining and union representation in industries where Hispanic workers are often overrepresented and vulnerable to exploitation. The NFWA’s activism laid the groundwork for labor rights that many farm workers now benefit from, such as mandated rest breaks, access to clean drinking water, and the right to a safe working environment.
Espinoza v. Farah Manufacturing Co.: Immigration Status and Employment
In Espinoza v. Farah Manufacturing Co. (1973), the U.S. Supreme Court dealt with the question of whether an employer could refuse to hire a legal resident of Mexican descent because they were not a U.S. citizen. The Court ruled that Title VII of the Civil Rights Act prohibits discrimination based on national origin but does not prevent employers from requiring U.S. citizenship as a condition for employment. So, an employer can refuse to hire someone that is not a U.S. citizen but cannot refuse someone just for being Latino.
While this case was not a win for the plaintiff, it was an important moment in the ongoing fight to clarify the relationship between immigration status and employment rights. Today, immigrant workers—many of whom are Latino—continue to face discrimination not just because of their race or national origin, but because of their perceived or actual immigration status.
Employers often use immigration status to exploit or discriminate against Latino workers, particularly in industries like agriculture, construction, and hospitality, where immigrant labor is common. In a society where the subject of immigration is a constant hot spot, cases like Espinoza remind us that while there have been important victories, the struggle for equal treatment of immigrant workers continues.
EEOC v. Premier Operator Services, Inc.: Language Discrimination in the Workplace
Fast-forward to the year 2000, the Equal Employment Opportunity Commission (EEOC) filed a claim against Premier Operator Services, a telecommunications company in Dallas, on behalf of 13 Hispanic employees. The workers filed suit after the company required all conversations be held in English, even during lunch and other breaks, even though, ironically, the employees were hired for their abilities to speak Spanish to clients. The workers who refused to sign the language-restriction document and filed discriminatory charges were promptly fired without notice.
The EEOC argued that this was a violation of Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, or national origin. The court ruled in favor of the EEOC, awarding the workers $700,000 in damages. Many Latino workers face hostile environments or discriminatory policies simply because they speak Spanish or have accents. This case was a huge win for Hispanic workers and underscores the importance of enforcing anti-discrimination laws and ensuring that all workers, regardless of their background, can work in an environment free from hostility and prejudice.
Continuing the Fight for Workplace Equality
Hispanic Heritage Month is a time to celebrate the rich cultural contributions of the Latino community, but it’s also a time to reflect on the legal battles that have been fought—and continue to be fought—to secure equal rights. Each of these cases serves as a reminder that the law plays a vital role in dismantling discrimination and ensuring that all workers, regardless of their background, are treated fairly.
Our law firm understands the unique challenges that Hispanic employees face, from language barriers to unfair treatment, and we are dedicated to protecting your rights. If you’ve been a victim of work discrimination, our experienced team will advocate for you. Call us today or submit a questionnaire to begin your consultation.
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