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Article

5 Jun 2020

Author:
Fatima Hussein & Genevieve Douglas, Bloomberg Law

USA: Meat-packing and other employees advocate for anonymity in workplace safety claims

"Meatpackers Test Boundaries of Anonymity in Covid-19 Lawsuits," 2 June 2020


The meat-packing industry, a hotspot for the coronavirus and a flashpoint for the worker versus public safety argument, could soon explore new legal ground over when it’s appropriate to allow plaintiffs to sue anonymously...Smithfield Foods is one of the latest companies to be accused in court of failing to protect its workers from the novel coronavirus. That case was dismissed before the court could rule on whether to grant anonymity to a worker in the suit.

…Worker advocates say anonymous claims against meat companies will increase, as frightened employees sue over alleged negligence and seek safer workplaces. About a third of meatpacking employees are immigrants, including undocumented immigrants, another reason workers might want to protect their identities.
Management attorneys say allowing anonymous plaintiffs would complicate litigation...employers couldn’t trace Covid-19 through their warehouses, and an anonymous worker couldn’t be questioned in person.

…About 30 Jane and John Doe lawsuits across industries have been filed, as of May 17, with allegations tied to the pandemic…a Dallas restaurant worker brought a Covid-19 workplace safety related claim…against her employer, Hillstone Restaurant Group Inc., after the company refused to allow Doe to wear a mask while working…a fired John Doe with HIV/AIDS sued his employer, Dee Packaging Solutions Inc…[t]he plaintiff says once he notified his employer he was in a high-risk group for Covid-19, he was dismissed.

 
[Also refers to: JBS Packerland, Koch Foods, Peco Foods]