YAKIMA, Wash. — Shinn & Son, a farm based in Toppenish, Washington, has agreed to pay $300,000 and reform its hiring and training practices following allegations of discrimination against local farmworkers and women, according to the Attorney General’s Office (AGO).

This resolution comes under a consent decree with the state of Washington, addressing claims that the farm misled jobseekers and favored foreign guestworkers over local employees.

The allegations, brought to light by Columbia Legal Services and filed by the Attorney General’s Office (AGO) in Yakima County Superior Court, accuse Shinn & Son of firing two crews of local farmworkers in spring 2023.

This occurred shortly after the farm received approval from the U.S. Department of Labor to employ 95 foreign guestworkers through the H-2A visa program. The local workers, predominantly women, were told there was no available work, despite the arrival of the H-2A workers in late April 2023.

Between March and May 2023, at least 20 women who reapplied for work were repeatedly informed there were no openings.

The AGO's complaint highlights a pattern of discrimination against female employees, with derogatory remarks such as calling them “old grandmas” and “useless.”

The consent decree mandates that Shinn & Son cannot misrepresent job availability or terms and conditions, including wages.

The farm is also prohibited from discriminating based on sex or immigration status.

Additionally, Shinn & Son must adopt a nondiscrimination policy, share it in English and Spanish, and provide annual training to supervisors on Washington's consumer protection and anti-discrimination laws. The decree, effective for five years, includes recordkeeping and reporting requirements to ensure compliance.

Compensation from the settlement will be distributed to those affected by Shinn & Son’s actions, with amounts ranging from about $5,000 to $25,000, depending on the severity of each worker’s claims.

Shinn & Son, which has been operating in Washington since 1980, disputes the allegations but has agreed to the terms of the consent decree.

Washington Attorney General Nick Brown emphasized the misuse of the H-2A program, stating, “Bringing in temporary guestworkers when there are qualified people here in Washington willing and able to do the work is an abuse of the system and a violation of our laws. I’m determined to hold employers accountable when they circumvent our state’s worker protections.”

The federal H-2A program is designed to address temporary labor shortages by allowing employers to hire seasonal agricultural workers from other countries, provided there is a shortage of U.S.-based workers.

Employers must offer local workers the same benefits, wages, and working conditions as foreign H-2A workers, which the AGO alleged Shinn & Son failed to do.