Essentially Unprotected

57 Pages Posted: 8 Mar 2021 Last revised: 28 Jul 2025

See all articles by Sherley Cruz

Sherley Cruz

University of Tennessee, Knoxville - Winston College of Law

Date Written: March 4, 2021

Abstract

Since the start of the COVID-19 pandemic, the American public relied on “essential” low-wage workers to provide critical services and keep the public safe. COVID-19 has exposed cracks that lead to serious gaps in workplace protections for low-wage workers. Decades of exploitative employer practices and neglect from the federal government have left frontline low-wage workers essentially unprotected. Many of these workers are people of color and recent immigrants who have been disproportionately impacted by the virus due to structural racism and socio-economic barriers. This is particularly true in the meatpacking industry, where a legacy of poor working conditions, exploitation, and lack of federal oversight resulted in industry-wide COVID outbreaks infecting almost sixty-thousand workers. By applying a critical race theory lens and telling the story of the first worker to die after contracting COVID-19 at one of the world’s largest meatpacking plants, this Article unpacks the practices, policies, and narratives that allow low-wage industries, like U.S. meatpacking plants, to place profits over the lives of Black and Brown workers. This Article concludes by highlighting the lessons learned and providing recommendations to safeguard low-wage workers beyond this critical moment in time.

Keywords: essential workers, low wage, low-wage workers, people of color, COVID-19, narrative, meat packing, meat processing, poultry, OSHA, workplace safety, exploitation, working conditions

JEL Classification: J00

Suggested Citation

Cruz, Sherley, Essentially Unprotected (March 4, 2021). Tulane Law Review, Vol.96:4 (2022) , University of Tennessee Legal Studies Research Paper No. 406, Available at SSRN: https://ssrn.com/abstract=3798730 or http://dx.doi.org/10.2139/ssrn.3798730

Sherley Cruz (Contact Author)

University of Tennessee, Knoxville - Winston College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

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