Reprinted with permission from Labor and Employment Law News, Volume 48, Number 3, Spring 2020, at 1, 8-9. ©2020 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
In the middle of depositions for an OSHA case involving a farmworker sickened by heat stress, the deponent—the worker’s supervisor—testified on the record: “These Mexican workers are made for this kind of labor.” The deposing attorney, a Latinx woman, reeled in shock from this racialized statement. Yet the deponent’s attorney said nothing, and the deposition continued.
Premium Content For:
- Solo, Small Firm and General Practice Division