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Plantation workers v. Dole:
Whose victory was it?
The trials are over, and Dole has been ordered to pay a total of $5.7 million to banana plantation workers. The Nicaraguan employees were not warned that the pesticide they were being exposed to had sterilized workers in California, and -- well, the Nicaraguan employees won't be having any children either. Aside from being incredibly unjust, it also has a sort of dystopian eugenics feel to it, doesn't it?
Trial lawyers on both sides are claiming victory following yesterday's announcement from a Los Angeles court that Dole would pay another $2.5 million in damages, on top of the $3.2 million already awarded. A lawyer for Dole told the LA Times that "It doesn't even pay [the plantation worker's] costs, much less their bills." Boy, he sounds like a really nice guy.
Meanwhile, the attorneys for the plantation workers says it isn't about the money. Said one:
"It lets [Dole] know that they're accountable for what they do, even if they do it south of our border," Miller said. "Our reputation as a country is partially dependent on the reputations of our corporations doing things overseas."
And another:
"What really matters is that Dole sterilized these peasants and thousands more humble Nicaraguan peasants, and in the rest of Central America, and we proved it. That is what counts, and I'm proud of it," Ordeñana said.
I'm not entirely convinced that the workers would agree, and the LA Times article mentions a couple of times that the award is much less than many were expecting. For a company like Dole, $5.7 million is hardly a slap on the wrist. Maybe the worker's lawyers are right -- maybe the outcome of the trial will send a message to Dole and other corporations. Hopefully the message isn't "Do whatever you want, it won't cost you much."
One last thing: Wasn't it Dow who produced the sterilizing pesticide? Where are they in all of this?
Dow stopped using a while ago under pressure by the EPA. Once Dow got out of the business, EPA figured, "game over". A company called Amvac bought up the licence (they already settled; I wrote about it here) and started selling it to Dole. Amvac also bought a lot of other licences for dangerous chemicals and is continuing to sell with without remorse. Because EPA has so little power, it regulates by shaming and pleading. That might (a stretch) work on companies like DuPont and 3M, but it doesn't work so well with companies that don't rely on brand name recognition with with the public.
It's all very depressing. On Dole's "Corporate Responsibility" page the CEO says
Dole has a social responsibility to enhance and empower our communities, and to protect the environment in which we work and live.
I think they forgot the ending:
Fortunately for Dole's bottom line, we have decided to completely abrogate that responsibility
Ah, thanks for clearing that up AT. Also:
Because EPA has so little power, it regulates by shaming and pleading.
I don't know whether to laugh or cry.
I agree that it seems much more like a victory for Dole--$5.7 million is nothing to them.
Bad PR is a big thing for companies like Dole with something to sell us--however, to me it seems like this story hasn't gotten the full media attention it deserved. Sure it showed up in all the major media outlets, but not as a lead story it seems.
To me, the story of a huge American company's actions resulting in the sterilization of thousands of people should be headline news here in the U.S. I guess maybe if the victims were Americans...
Samara, I think you're right -- the lack of coverage is related to the fact that the victims were poor people from a non-European country. Although I bet Dole's clout helped to keep it largely under the radar.
The thing is, there was news coverage, but it was all straight news. I haven't come across a single MSM human interest story on the subject, and that's what would have gotten people's attention.
Then again, I haven't been looking for one. Maybe I will now -- I'll let you know what I find.
Nice conversation, your enthusiasm for your plantation shines through in your writing. Great to be a part of this blog.