Sexual assault and harassment of immigrant workers in the United States: Overcoming obstacles to legal and social justice

The organization of work in the global economy produces conditions ripe for the sexual abuse of immigrant women in the workplace.  Reports document sexual assault and coercion of immigrant workers in the United States, especially in industries that employ large numbers of undocumented women such as agribusiness and food services. We analyze successful lawsuits filed by the U.S. Equal Employment Opportunity Commission (a federal agency) against employers on behalf of immigrant women in these industries.  The formal charge is sexual harassment as discrimination under Title VII of the 1964 Civil Rights Act.  The fuller story however, reveals multiple complaints of rape and other forms of sexual assault and coercion as well as verbal harassment and abuse.

We examine obstacles faced by undocumented women seeking recourse. These include lack of knowledge of legal rights, complexity of legal options, language barriers, cultural barriers, the structure of the labor markets and workplaces, threats of firing, harm to family, deportation, and physical violence, distrust of government and police, unresponsive police, and limited legal rights for the undocumented, to name a few. Despite the obstacles, numbers of women, with the help of advocacy organizations, have challenged their employers and won significant monetary awards, protection against deportation, and court-mandated workplace reform.  However, legal success stories also reveal the limitations of the legal system and the gap between even a “successful” lawsuit resolution and a broader vision of social justice.

We consider implications of a fragmented legal structure (differences between civil and criminal law, different courts, different enforcement agencies), and of the interaction of social movement-based legal advocacy organizations with the state.  We use sociological theories of structure and agency, and of legal mobilization for social change.  Our data are documents from approximately 20 lawsuit settlements or jury verdicts plus interviews with some of the attorneys.