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to roughly 10,000 cages in each barn. Only five workers are employed <strong>at</strong> <strong>the</strong> facility to monitor <strong>the</strong>se<br />

one million hens for illness, injuries, and de<strong>at</strong>h. The sheer size of <strong>the</strong> chicken oper<strong>at</strong>ion indic<strong>at</strong>es th<strong>at</strong><br />

Cal-Maine might produce eggs without a way to properly dispose of waste. The bird-to-worker r<strong>at</strong>io<br />

suggests th<strong>at</strong> workers may have to deal with unsafe conditions. Cal-Maine’s unsanitary facilities and<br />

questionable environmental practices neg<strong>at</strong>ively affect workers and animals alike and suggest cause for<br />

concern with <strong>Walmart</strong>’s egg suppliers.<br />

217<br />

B. Supplier 2: Rose Acre Farms<br />

Rose Acre Farms was founded in <strong>the</strong> 1930s with just two 500-bird hen houses and got its start by<br />

selling eggs to local grocery stores. In <strong>the</strong> 1950s, <strong>the</strong> company began to sell <strong>at</strong> <strong>the</strong> Indianapolis Farmer’s<br />

market and built <strong>the</strong> first Rose Acre Farms egg-laying house. The business continued to expand<br />

throughout <strong>the</strong> Midwest in <strong>the</strong> 1960s-1980s, and in <strong>the</strong> 1990s, <strong>the</strong> company acquired three new<br />

Midwest facilities and expanded into <strong>the</strong> South. The next decade brought <strong>the</strong> company five o<strong>the</strong>r<br />

facilities throughout <strong>the</strong> Midwest and Sou<strong>the</strong>ast United St<strong>at</strong>es. Today, Rose Acre Farms has 17 facilities<br />

in six st<strong>at</strong>es and is <strong>the</strong> second largest egg producer in <strong>the</strong> country. The company is still owned by <strong>the</strong><br />

Rust family.<br />

218<br />

i. Labor<br />

In 2012, <strong>the</strong> Justice Department brought a lawsuit against Rose Acre Farms Inc., claiming th<strong>at</strong><br />

Rose Acre particip<strong>at</strong>ed in discrimin<strong>at</strong>ory practices against “work-authorized non-citizens in <strong>the</strong><br />

employment eligibility verific<strong>at</strong>ion process.”<br />

219<br />

Reportedly in order to confirm employment eligibility,<br />

Rose Acre Farms routinely forced newly hired non-U.S. citizens to provide more or different U.S.<br />

Department of Homeland Security documents than wh<strong>at</strong> is normally required. U.S. citizens, on <strong>the</strong><br />

o<strong>the</strong>r hand, were permitted to present <strong>the</strong>ir choice of document<strong>at</strong>ion. In <strong>the</strong> Immigr<strong>at</strong>ion and<br />

N<strong>at</strong>ionality Act (INA), an anti-discrimin<strong>at</strong>ion provision excludes employers from assigning additional<br />

documentary burdens to legal non-citizen employees during <strong>the</strong> hiring process. In June 2009, Rose Acre<br />

Farms allegedly acquired an electronic employment eligibility verific<strong>at</strong>ion software system th<strong>at</strong> may<br />

have compelled human resource officials to demand certain documents from only non-U.S. citizens.<br />

Page !48

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