Fatal Sunshine: The Plight of California's Farm Workers

The bountiful harvest of California strawberries, melons, grapes, peaches and nectarines overflows the nation's summer tables. But that luscious crop mostly emerges thanks to farm workers who labor in flat fields under a scorching sun — and has a price higher than the grocery-store bill. Every year many farm workers become sick, and some die. Typical of the fatalities was Maria Isabel Vasquez Jimenez, who was just 17. In May 2008, she died after picking grapes in Merced County for nine hours in 95-degree heat. Governor Arnold Schwarzenegger attended her funeral and promised to do more to protect workers.

A lawsuit is now underway to ensure just that. Last week, the ACLU and the blue-chip law firm Munger, Tolles & Olson sued California's occupational-health and safety agency on behalf of the United Farm Workers (UFW) and five farm workers who had become sick or are relatives of workers who have died from heatstroke. According to the lawsuit "large numbers of agricultural employers fail utterly to provide basic access to water and shade for their employees" and, as a result, hundreds suffer heat-related illnesses and hospitalizations — or worse — each year .

The complaint filed in Los Angeles Superior Court provides graphic details. Audon Felix Garcia, 41, became sick July 2008 after loading grape boxes into a truck in 112-degree heat from morning to early afternoon in Kern County. He had 15 years of experience in the fields and, according to the complaint, his "core body temperature was 108 degrees Fahrenheit at the time of his death." Maria de Jesus Bautista had worked in the fields all her life and had never been sick from the heat, but in July 2008 while picking grapes in Riverside County in 110 degrees she complained to her sister of a "headache, nausea and cold sweats." According to the lawsuit, "She continued to work the rest of the day because her employer did not provide any shade and she felt pressured to keep pace with her co-workers. Over the next two weeks, her headache persisted, she became disoriented and was unable to recognize family members, and she was hospitalized on three separate occasions." She died on Aug. 2 last year.

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