The explosive sex abuse allegations against farm labor leader Cesar Chavez could deliver not just a reputational blow to the union he founded, but a financial one as well.
Several lawyers said United Farm Workers could potentially be liable for significant payouts due to landmark laws recently passed in California that give victims of older sex abuse cases a new window to come forward.
John Manly, a prominent sex abuse attorney, said “liability could be automatic” for the storied labor union that Chavez ran for decades.
“They aren’t contesting it happened,” said Manly, who served as a lead attorney in the settlements against USA Gymnastics doctor Larry Nassar and USC gynecologist George Tyndall. “It is a matter of who knew what and when.”
Over the last five years, California has dramatically expanded the circumstances under which victims can sue over older cases of sex abuse.
This January, a two-year window went into effect for adult survivors of sexual assault. The law is intended for cases in which institutions concealed the abuse and “engaged in a cover up.”
Lawmakers also passed AB 218 in 2019, which, among other changes, allowed victims of childhood sexual assault to sue within five years of discovering a psychological injury stemming from their abuse.
The law has opened the floodgates for thousands of lawsuits against the Catholic Church, local governments and public school districts. L.A. County recently agreed to settlements that will pay nearly $5 billion dollars to more than 11,000 victims who said they were sexually abused in juvenile halls and foster homes. School districts have spent nearly a half-billion to settle sex abuse claims.
Sex abuse attorneys warn that the United Farm Workers, which was co-founded by Chavez, could be the next entity to see a litigation wave, depending on how many victims come forward.
The New York Times investigation, published Wednesday, detailed allegations that Chavez, a towering figure in the farm labor movement, had sexually assaulted two underage girls in the 1970s and fellow labor leader Dolores Huerta in the 1960s. The investigation left unanswered questions about what the union’s membership knew at the time, noting some leaders had been aware “for years about various allegations of sexual misconduct” by Chavez.
The UFW called the allegations “profoundly shocking” in a statement.
“We need some time to get this right, including to ensure robust, trauma-informed services are available to those who may need it,” the organization said. “We understand this will be tremendously painful for many and we encourage our community to seek mental health support if they experience distress.”
The union did not immediately respond to an inquiry about its potential legal liability.
Brian Claypool, a lawyer who represents California sex abuse victims, said the labor union could be held liable if attorneys prove “members of the organization knew or should have known of Chavez potentially molesting minors.”
He also urged a larger criminal investigation to determine if others knew and concealed the abuse.
“Child sexual abusers in positions of power like Chavez rarely act alone,” Claypool said.
Luis Carrillo, a sex abuse attorney who marched with Chavez during the farm labor rights movement, said the exposure for the organization will depend largely on whether the organization covered up reports of abuse.
Carrillo, who said he attended Chavez’s funeral in 1993, said his hero was forever tarnished.
“This is truly a shock for not only the allegations, but how the victims were ignored,” said Carrillo. “I am sure someone has reported this before.”
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