Trans Bay Steel has agreed to pay an estimated $1 million to 48 welders of Thai descent who the U.S. Equal Employment Opportunity Commission (EEOC) said were discriminated against and exploited because of their national origin.
The EEOC alleged that the class of Thai nationals, contracted under H-2B visas by Trans Bay and a third-party agency, were held against their will, had their passports confiscated, had their movements restricted, and were forced to work without pay.
The EEOC says at least 17 of the workers were told that if they tried to leave the location where they were being forcibly held, the police and immigration officials would be called to arrest them. EEOC also contends that all the workers were made to pay exorbitant "fees" to the recruiting company which kept them in involuntary servitude.
Trans Bay received a large sub-contract to provide services to retrofit the San Francisco-Oakland Bay Bridge and became the sponsoring employer for the workers.
Trans Bay contracted with Kota Manpower Co., and Hi Cap Enterprises, Inc., to bring the skilled welders from Thailand to meet the needs of the project. While Kota and Hi-Cap brought over approximately 48 welders from Thailand , only nine of them went to work for Trans Bay. The EEOC says the remaining welders were brought to Los Angeles and Long Beach and forced to work without pay at Thai Restaurants owned by Kota Manpower and Hi-Cap, and forced to work other menial jobs without pay.
The company denies any wrongdoing, telling the Los Angeles Times that it was duped by Kota Manpower Co. and that it is suing the employment agency for fraud.
" Trans Bay views itself as a victim," Doug Smith, an attorney for the company, tells the newspaper. "But they feel they need to step up and accept the responsibility of trying to help the people who were damaged."
Under the settlement, Trans Bay will:
- Provide monetary relief for each of the claimants;
- Guarantee work on the Bay Bridge Project;
- Provide housing for the claimants who agree to work for Trans Bay, including a housing stipend;
- Pay for tuition and books at a local college for training as a welder;
- Provide sponsorship, if required, to continue to work in the U.S. and certify claimant welders;
- Guarantee minimum pay and a base pay once the claimants complete the training period;
- Pay the claimants relocation costs, including reimbursement for travel;
- Reimburse the claimants for moving expenses to relocate to Napa, California, which is where the company is based.
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