Agriprocessor Exec Acquitted on 67 Counts on Child Labor | End Human Trafficking | Change.org

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Agriprocessor Exec Acquitted on 67 Counts on Child Labor
by Amanda Kloer
June 09, 2010 07:00 AM (PT)

When children end up working 90-hour weeks wielding power saws and handling dry ice, the violation of child labor laws is pretty clear. What's apparently less clear, is who is at fault. At least, that's what an Iowa jury found this week when they acquitted former Agriprocessors Inc. executive Sholom Rubashkin on the 67 counts of child labor he was indicted for, in what is being called "an unprecedented legal upset."

That Agriprocessors Inc. ran on child labor, primarily from immigrant teens, is not really doubted. Dozens of children testified that they worked for the company, often working long hours at dangerous tasks. In 2008 alone, five of the company's top executives were each charged with 9,311 child labor violations. Those charges were later whittled down considerably, but remained substantial enough to demonstrate that this was not one or two isolated cases.

This specific case comes with a couple ironic twists. First, the slaughterhouse where many of these children worked was supposedly kosher, and claimed to slaughter animals according to Jewish law. Now I'm not Jewish, but I'm pretty sure any rabbi worth his weight in matzo would say that the child labor doesn't jive with Jewish law or kosher practices. The other bit of irony is that Rubahskin's acquittal may actually end up strengthening protections for children who work in agriculture and processing in Iowa, especially immigrant children.

But how come the top dog of a company that used child labor got to walk away without a single conviction? Because all the children allegedly lied about their ages in order to get jobs, claiming they were 18. Let's say Rubahskin is telling the truth, and every single one of his young employees falsified their ages. Who is at fault for the exploitation of those children? Is it their parents, for allowing them to work such a dangerous job so young? Is it Rubahskin, for not taking the time to fact check the stories he was being handed? Is it the state of Iowa, for not having better laws in place to protect immigrant children? Or does this problem fall on the shoulders of the kids themselves?

The Rubahskin case brings up a lot of complex questions about how much due diligence business owners should have to conduct to determine if their workers are of legal age. Does a verbal statement of age do it? Should they require some sort of documentation? The current system is set up so that poor migrant children who need to find work can easily lie their way into dangerous and inappropriate jobs. And since these children are often cheaper workers than adults, complain less, and there is no legal penalty for hiring them, companies like Rubahskin's have no incentive to follow the law. The children are still denied an education and exploited for their labor. But apparently, no one is to blame.

Photo credit: NIOSH
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Amanda Kloer has been a full-time abolitionist for six years. She currently develops trainings and educational materials for civil attorneys representing victims of human trafficking and gender-based violence.


Agriprocessor Exec Acquitted on 67 Counts on Child Labor | End Human Trafficking | Change.org