By Osborne & Francis
October 25, 2023

How Black Farmers Have Been Discriminated Against in the US

USDA loans have long been a critical support for farmers to purchase seeds and equipment, supplement their incomes, and expand their operations. These loans have not been distributed on an equitable basis. Specifically, Black farmers have been unfairly denied loans, subjected to unreasonable loan terms, and generally been put at a disadvantage because of their race. As a result, Black farmers have suffered financial and emotional damages.

The Biden administration is attempting to rectify this with the creation of a Discrimination Financial Assistance fund. At Osborne & Francis, our civil rights attorneys are working tirelessly to support Black farmers who want to pursue compensation for their damages. You can reach out to us at (561) 678-0156 or contact our offices in Boca Raton or Orlando to schedule a free consultation to learn more about how we can help maximize your compensation and how the personal injury claims process works.

The USDA Has a History of Discriminating Against Black Farmers

This is not the first time that Black farmers have pursued compensation in farming discrimination lawsuits. In 2010, Black farmers claimed that rampant discrimination on a systemic and individual level at the USDA had put them at a significant economic disadvantage. According to numerous reports, Black farmers were unfairly denied critical loans and grants which were afforded to their white counterparts.

In addition to the purely financial losses, many Black farmers had to endure the devastation of foreclosure, losing land that their family had farmed for generations. As a result, less than 1.5% of the U.S. producers are Black, as of 2017. This is due in large part to the discriminatory practices that have cost Black farmers a staggering $326 billion dollars worth of land.

In the largest civil rights settlement in U.S. history, Black farmers were awarded $50,000 each. This effort was championed by our own Greg Francis, who fought tirelessly to hold the USDA accountable in Pigford v. Glickman. While Pigford v. Glickman opened the door for other disenfranchised groups to successfully file civil rights lawsuits against the USDA and validated Black farmers’ claims, the pattern of discrimination has persisted. 

Discrimination Financial Assistance is Available Through the Inflation Reduction Act

While the USDA was held liable for the racial discrimination against Black farmers in the 1980s and 1990s, this pattern of negligence has continued. The Biden administration has recognized this appalling injustice, and in conjunction with Congress created a path for farmers to be compensated for their losses. 

In part, the Inflation Reduction Act acknowledges the discriminatory practice of USDA loan officers towards farmers, ranchers, and forest landowners  based on factors like race or gender. There is a pool of 2.2 billion dollars available for plaintiffs to make claims against. Individual claims are currently capped at $500,000. This funding must be used by September 31st, 2031, so it is in your best interest to begin the process of filing a civil rights claim as soon as possible.  

Understanding the Qualifications to Receive Compensation from the IRA

Black farmers who have experienced unfair treatment during the loans process should be aware of the requirements stipulated in the IRA in order to claim compensation. The specifics of certain qualifications are still being decided, but based on the information we currently have, the following must apply:

  • You are a farmer, rancher, or forest landowner 
  • The discrimination must have taken place prior to January 1st, 2021
  • There is evidence of discrimination, such as being denied a loan
  • The discrimination occurred on the basis of a qualifying characteristic, such as race
  • The discrimination inflicted damages
  • The discrimination occurred in relation to the Direct FSA farm loan program, or the FSA discriminated against you when you sought a guaranteed farm loan 

If you have any records, such as notes or emails, related to the discrimination you have faced while pursuing your loan that could be valuable evidence to support a determination that you experienced discrimination, which is a key step in recovering compensation for your damages. A civil rights attorney can help clarify if you meet the criteria to file a farming discrimination loan claim under the IRA.

Why Should I Choose Osborne & Francis to Represent Me?

Our personal injury law firm is unique in that we have successfully settled claims pertaining to discrimination against farmers. Attorney Greg Francis was lead counsel for the group of civil rights attorneys who settled the original farmer discrimination lawsuit on behalf of Black farmers for 1.25 billion dollars. Additionally, our team has consistently settled complex claims for the maximum compensation available, which speaks to our ability to negotiate effectively.

At Osborne & Francis, we understand that even one instance of discrimination can impact the future of a family farm for generations to come. Our team is committed to providing high-quality legal advice and extensive resources to Black farmers who have been treated unfairly during the USDA loans process. As former clients will corroborate, we are dedicated to our clients needs.

Contact Osborne & Francis For Help With Your Farm Loan Discrimination Claim

The civil rights attorneys of Osborne & Francis have a strong record of success settling comparable claims for farmers who have been discriminated against based on their race, which gives us an advantage when litigating similar claims. Our team will work tirelessly on your behalf to ensure that your settlement accurately reflects the extent of the damages you have sustained.

You can trust that our team of personal injury lawyers will go above and beyond to hold the negligent parties responsible, even if that means going to trial. Our trial attorneys are prepared to negotiate for the maximum compensation by presenting compelling evidence to demonstrate the impact of the discrimination on your family’s well-being.

If you have experienced discrimination as a Black farmer while pursuing a USDA loan, the civil rights attorneys at Osborne & Francis have the legal expertise you need to maximize your compensation in a farmer discrimination lawsuit. You can reach out to us at (561) 678-0156 or contact our offices in Boca Raton or Orlando to schedule a free consultation.

J. Davis

5 star icon

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

Alfred

5 star icon

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

E. Holland

5 star icon

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

C. Smith

5 star icon

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

T. Andrews

5 star icon

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

5 star icon

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

Ready For Your Free Consultation?