Explosive sexual harassment allegations against farm labor leader Cesar Chavez could not only hurt the union he founded, but also financially.
Several attorneys say the United Farm Workers could be liable for larger payouts because of landmark laws recently passed in California that give elderly victims of sexual assault cases a chance to come forward.
John Manly, a prominent sexual harassment lawyer, said “the debt is automatic” for the labor movement that Chavez led for decades.
“They don’t dispute that it happened,” said Manly, who was the lead attorney in the lawsuit against the USA Gymnastics doctor. Larry Nassar and a USC gynecologist George Tyndall. “It’s a matter of who knew what and when.”
Over the past five years, California has greatly expanded the circumstances under which victims can file charges against old sexual assault charges.
This January, a two-year window went into effect for elder survivors of sexual abuse. The law is aimed at cases where institutions cover up abuse and “cover up.”
Lawmakers also passed AB 218 in 2019, which, among other changes, allowed victims of child sexual abuse to sue within five years of suffering psychological harm as a result of their abuse.
The law has opened the floodgates of thousands of lawsuits against the Catholic Church, local governments and public school districts. LA County recently agreed to a settlement that will pay nearly $5 billion to more than 11,000 victims who say they were sexually abused in juvenile halls and foster homes. There are four school districts used approx half a billion to settle sexual harassment claims.
Sexual harassment advocates warn that the United Farm Workers, founded by Chavez, could be the next organization to see a wave of lawsuits, depending on how many victims come forward.
A New York Times investigation, published Wednesday, details allegations that Chavez, a farm worker union executive, sexually assaulted two teenage girls in the 1970s and labor leader Dolores Huerta in the 1960s. This investigation left unanswered questions about who knew the membership of this union at the time, as it noted that some leaders had been “aware of various allegations of sexual misconduct” by Chavez.
The UFW called the allegations “deeply shocking” in a statement.
“We need time to get this right, including ensuring that strong, trauma-informed services are available to those who may need them,” the organization said. “We understand that this will be very painful for many and we encourage our community to seek it out mental health support when they face adversity.”
The union did not immediately respond to an inquiry about its legal case.
Brian Claypool, an attorney who represents victims of sexual abuse in California, said the union could be held liable if the lawyers prove that “union members knew or should have known about Chavez’s possible child molestation.”
He also urged that there should be a thorough criminal investigation to find out if others know about and are hiding the torture.
“Child sex offenders in positions of power like Chavez rarely act alone,” Claypool said.
Luis Carrillo, a sexual harassment lawyer who marched with Chavez during the farm workers’ rights movement, said the organization’s exposure will depend largely on whether the organization shuts down reports of abuse.
Carrillo, who attended Chavez’s funeral in 1993, said his hero was tarnished forever.
“This is shocking not only for the allegations, but also how the victims were ignored,” said Carrillo. “I’m sure someone has reported this to you before.”
