Brigette Honaker  |  September 3, 2020

Category: Covid-19

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Farmworkers claimed that mandatory testing was racial discrimination.

A recent court ruling upheld Michigan’s decision to test migrant farmworkers for COVID-19 despite allegations of racial discrimination.

According to the Sixth Circuit Court of Appeals, forcing Michigan to stop testing migrant farmworkers for COVID-19 would pose a “substantial risk of harm” to the public. In a 3-0 decision, the appeals court noted that “identifying and isolating COVID-19-positive workers limits the spread of the virus.”

Responding to plaintiff claims that the COVID-19 testing order amounted to racial discrimination, the court determined that the order was instead “motivated by the legitimate government purpose of protecting migrant workers, their families, their communities, and the food supply chain, enforcing it serves the public interest.”

The court added that “interceding in a State’s administrative processes is an extreme step the federal judiciary typically avoids, especially as the State attempts to manage a pandemic.”

Michigan governor Gretchen Whitmer and Michigan Department of Health and Human Services Director Robert Gordon issued their mandatory testing order on Aug. 3. As a result of the order, all employees working in agriculture or food processing are required to undergo COVID-19 testing.

Initially, employers are required to administer baseline testing. Before in-person work, farmworkers are reportedly required to be tested yet again. If workers show symptoms of COVID-19 or have positive exposure to the virus, additional testing is requiring.

The order also requires migrant housing camps to implement baseline testing to new residents over the age of 18 within the first 48 hours of arrival. New arrivals are reportedly required to quarantine for 14 days. Like farmworkers, residents of migrant housing camps who show symptoms or have been exposed to the virus should also be tested.

Although the order aims to keep farmworkers and food processing workers safe from the virus – and keep the food supply uncontaminated – subjects of the order saw the requirements in a different light.

Farmworkers filed their lawsuit against Governor Whitmer and other state authorities in early August. Plaintiffs in the racial discrimination lawsuit say they have been working as seasonal farmworkers in Michigan for years and will be required to take a COVID-19 test under Michigan’s law.

Testing for COVID helps keep farmworkers and the food supply safe, authorities argue.According to the workers, Latino farmworkers are disproportionally targeted by the order – especially requirements for testing in migrant housing camps.

For example, more than 90% of plaintiff True Blue’s workforce is Latino – including 95% of its seasonal and migrant workers.

Another plaintiff in the case, Smeltzer Orchards, says that it hires “numerous” Latino workers who will be affected by the order.

Because Latino farmworkers are “targeted” by the order, the plaintiffs argue that this counts as racial discrimination. This allegedly violates the Constitution’s Equal Protection Clause.

“Pandemic or not, the State cannot subject one racial class of people to a different set of rules than it applies to others,” the farmworkers argue in their racial discrimination lawsuit.

“If mandatory testing must be done, then it must be done for everyone; not based on racial classifications and stereotypes.”

Although the plaintiffs say that the mandatory testing unfairly targets Latino farmworkers working in migrant or seasonal positions, Michigan’s Department of Health and Human Services has defended the order and denied allegations of racial discrimination.

Michigan authorities are not the only ones in support of the law. The Michigan Immigrant Rights Center also argued in favor of the testing mandate in legal briefs following the lawsuit. According to the group, the testing order only benefits minority workers by keeping them safe.

In their recent court ruling, the Sixth Circuit Court of Appeals also voiced their support for the state testing order. The testing order will reportedly move forward, though additional action may be taken by farmworkers and their lawyers.

“In a 3-0 decision, today a federal court of appeals upheld the state’s power to require certain agricultural employers and housing providers to implement testing protocols among Michigan workers who are especially at risk to COVID-19,” a representative for Whitmer said, according to WXYZ Detroit.

“The governor welcomes this decision upholding her strategy to save lives and protect the food supply.”

Whitmer has issued a variety of orders in the fight against COVID-19, including a mandatory mask mandate. Like in other states around the country, health officials encourage Michigan residents to practice social distancing and hand hygiene to slow or halt the spread of the virus.

Have you had COVID-19 testing done? Do you think requiring testing of migrant farmworkers amounts to racial discrimination? Share your thoughts in the comment section below.

The farmworkers are represented by Ronald G. DeWaard, Aaron M. Phelps, Brion B. Doyle, and Seth B. Arthur.

The Farmworkers Racial Discrimination Lawsuit is Susana Castillo, et al. v. Gretchen Whitmer, et al., Case No. 1:20-cv-00751, in the U.S. District Court for the Western District of Michigan.

Coronavirus Lawsuits & Legal Issues

Since the COVID pandemic shut down the country, Top Class Actions has been keeping you up to date on the latest Coronavirus lawsuits and legal issues. 

Coronavirus Complete Lawsuit Guide

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


One thought on COVID-19 Testing of Farmworkers to Continue Despite Racial Discrimination Claims

  1. Jenifer Bodnar says:

    the farming industry is made up of seasonal immigrant mexican workers therefore appearing like their being targeted! I dont believe they should suggest their being discriminated against or have a right to suggest that! also, really if theyre going to be here they should infact be tested and quarantined if it means keeping the US safe from harm.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.