A federal judge on Monday ruled in favor of injured workers who said Grimmway Farms did not provide adequate accommodations. (GV Wire Composite/Paul Marshall)
- A judge ruled in a summary judgment that carrot giant Grimmway Farms discriminated against workers with disabilities.
- The court said the employer did not find adequate accommodations for workers after on-the-job injuries.
- The case will now go to trial to determine whether any damages need to be awarded to employees.
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A federal court ruled this week against the world’s largest carrot grower in a case claiming Grimmway Farms discriminated against workers with disabilities. The case now goes to trial to determine damages.
“This decision is a major victory for disability rights and the rights of farmworkers across California.” — California Civil Rights Department Director Kevin Kish
Fresno-based U.S. District Judge Dale Drozd determined in a summary judgment that the Bakersfield-based company did not accommodate injured workers — including those injured on the job — with work alternatives and instead left them only with the option of unpaid time off.
“Defendant’s pattern or practice of placing almost all referred employees on unpaid leave when, in many cases, there were other reasonable accommodations available, violated California Code of Regulations…” Drozd’s ruling stated. “Because this undisputed pattern or practice constitutes an adverse employment action, defendant engaged in ‘disability discrimination.’ ”
The California Civil Rights Department said in a news release Monday the practice was effectively termination and deprived hundreds of workers of their rights.
“This decision is a major victory for disability rights and the rights of farmworkers across California,” said Civil Rights Department Director Kevin Kish in the release. “The court has ruled loud and clear that forcing injured workers into unpaid leave is disability discrimination. Here in California, farmworkers have rights, they are protected, and we will not shy away from fighting on their behalf.”
Court Ruling Not a Total Victory: Grimmway
A Grimmway spokesperson said the ruling is part of a long-standing dispute going back to 2018.
“We firmly disagree with CRD’s characterization of the court’s pre-trial decisions, noting that many of the motions were resolved in Grimmway’s favor,” the spokesperson said in a statement to GV Wire. “The allegations do not reflect the principles or values that guide our company, and we will respectfully see the matter through trial and the proper legal process.”
Nearly All Injured Workers After Workers Comp Put on Leave
From January 2016 to March 2024, about 600 injured workers went through the company’s “interactive process section,” according to the ruling. The company maintains a total workforce of about 2,000 people.
The company sent workers to the process section after either their worker’s compensation benefits expired or if they were injured after work and ran out of sick leave.
Nearly 200 of the employees who exhausted their workers comp were put on leave, according to the ruling.
“(Grimmway) automatically funneled into unpaid leave almost all employees who were referred to the Interactive Process Section during the relevant time period (at least 96%) to provide defendant time to engage in the interactive process and had a policy of doing so,” the ruling stated.
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