LATINA PORTRAIT DOMESTIC WORKERS

Transcription

1 LATINA PORTRAIT DOMESTIC WORKERS

2 Dedicated to those who with compassion and dignity undertake the work that allows all other work to happen.

3 Contributors: Latino Union and the Chicago Coalition of Household Workers Gabriela Benitez Mechthild Hart Elisa Ringholm Eric Rodriguez Mujeres Latinas en Acción Claire Denton-Spalding Maritza Reyes Alessandra Stevens National Domestic Workers Alliance Linda Burnham Harmony Goldberg Front page photo credit: La Colectiva de Mujeres, Photo by Alison Yin. Raquel Botello, member of the La Colectiva de Mujeres. Copyright Latino Union and Mujeres Latinas en Acción

4 Table of Contents Introduction... 1 A Brief History of the Domestic Work Industry in the US... 2 Latina Domestic Workers in the United States... 3 Doing Domestic Work... 5 Relationships with Employers... 5 Working with children... 6 Current Situation for Domestic Workers... 7 Domestic Work and Labor Laws... 8 Federal Laws... 8 Illinois Law... 9 Sexual Abuse Trafficking of Domestic Workers Immigration and Domestic Workers Wages and Injuries Legal Resources Available to Undocumented Workers Benefits of Immigration Reform Domestic Worker Movement National Legislation Legislation in Illinois Domestic Worker Organizations Home Economics Research Study Action Items Resources Works Cited

5 Introduction NDWA, California Domestic Worker Bill of Rights Campaign. Domestic workers form a workforce comprised of nannies, caregivers for the elderly and disabled, and housecleaners in private homes. Many are immigrant women, often undocumented, and the majority are women from racial and ethnic minorities. One estimate puts the domestic worker labor force at 1.8 million, although that number is likely too low because of the private nature of domestic work and the challenges of collecting data. 1 Many of these women are single mothers with histories of domestic violence and abuse who immigrate to this country seeking economic independence. Domestic work is often undervalued and invisible, leaving workers vulnerable to abuse, mistreatment, and labor violations. This workforce is particularly at risk due to the isolated nature of the industry, where domestic workers labor behind closed doors of private homes and out of the public eye. While working honorably to care for children, the elderly, and disabled, these workers suffer from discrimination, and are unprotected by basic labor laws due to the invisibility of their work. Domestic work brings together issues of race, class, and gender in one occupation. Advocating for equal labor rights for domestic workers is an integral component of the movement for immigrant rights, women s rights, economic justice, and civil rights. 1

6 My experience was that I had to wear gloves, a mask and plastic slippers over my shoes so I would not be contagious. The worst was that there were price tags on everything. It was very difficult to work, because I was afraid that I would break something We know that we have to be careful with these things! - Maria A Brief History of the Domestic Work Industry in the US 2 The evolution of domestic work illustrates a long history of immigration and forced migration to the United States, the changing dynamics of women s roles, and the battles of the labor rights movements. Throughout the past 200 years, the composition of domestic workers have changed from slaves trafficked from Africa to European immigrants and African-Americans and now Latin American and Caribbean immigrants. For much of the early history of the United States, slave women did the housework to maintain plantation mansions, and they did most of the work to raise the children of slave owning families. Once slavery ended in 1865, many African American women continued to be employed as domestics in the South and this work entered the formal commercial sphere, though the workers were often paid low wages. In 1881, African American domestic workers and laundresses formed the Washing Society in Atlanta, GA to launch the first organizing strike among domestic workers in the United States for higher wages and better working conditions. Three thousand women joined the movement and won their fight to raise wages, but the gains were not sustained over time. 3 In the 1800s, domestic work was one of the few occupations open to women, and two thirds of female wage earners not employed as agricultural workers found jobs as domestic workers. 4 Employing a domestic worker was seen as status symbol, showing that the employer did not have to do housework. As the middle class grew, the demand for domestic workers in the cities began to increase. Towards the end of the 19th Century, the domestic labor force became largely European, with immigrants from Germany, Scandinavia, and Ireland coming to the United States looking for a better life. Between 1870 and 1910, the number of domestic workers doubled from 960,000 to 1.8 million. 5 These women sent remittances home to support families still in Europe. As the Northeast industrialized, factories started to open up employment opportunities for immigrant white women. At the beginning of the 20th century, 64% of domestic workers were white but by 1940, that number had dropped to 11%. 6 From 1910 to 1960, African Americans began moving in mass from the South to the North during the Great Migration in search of jobs and to escape Southern segregation. Due to the combination of white only hiring practices in factories and the Great Migration, the domestic worker industry became comprised mostly of women of color. 2

7 I only had one bad experience in cleaning house. Only one day, never again. I went to this house and there were notes everywhere. Don t eat this, don t touch this. I felt so humiliated. It was one of my first experiences that I went through. I could not even drink bottled water, only from the faucet. There are so many embarrassments and humiliations that we have to go through... They don t want domestic workers. They want machines. - Janette In the early part of the 20th century, workers rights movements flourished and workers came together and won several battles, earning the right to organize through the National Labor Relations Act (NLRA) and the right to a minimum wage through the Fair Labor Standards Act (FLSA) amongst other rights. However, domestic work and farm work the two occupations most connected to the history of slavery were excluded from the NLRA and FLSA as a concession to Southern states. During the Civil Rights Movement, Dorothy Bolden built the National Domestic Workers Union, to organize African American domestic workers. Through their efforts, the Fair Labor Standards Act was expanded to include most domestic workers in its minimum wage and overtime protections. As a result of the Women s Equality Movement, women became more active in the workforce. In 1968, 37% of women were in the workforce, by 2011, that number had risen to 65%. 7 Much of the work that had been done in the home by wives and mothers - such as cleaning, cooking, child care and care for the elderly - began to transition into the marketplace through the rise of restaurants, child care centers, rest homes, laundries and domestic workers. At the end of the 1960s, African American women moved to other parts of the care industry and into other service work. Since then, immigrant women from Latin America, the Caribbean, Africa and Asia have become the main source of domestic workers in the United States. Latina Domestic Workers in the United States In popular culture, domestic workers are often portrayed by Latinas. In American television shows and movies, Latina actresses often play maids and babysitters with limited roles cleaning houses and taking care of children. So prevalent is this portrayal of Latinas in Hollywood, that actress Lupe Ontiveros has played a maid 150 times throughout her career. 8 Although problematic for many reasons, these simplistic roles do not begin to examine the various reasons why Latinas come to domestic work or the struggles they face. Currently, 17% of nannies and 52% of house cleaners in the US are Latina. 9 However, Latinas have held positions as domestic workers since the beginning of the 20th century. In the 1930s, 45% of Mexican-born women in the labor force were employed as domestic workers, clustered primarily in the Southwest. 10 In the 1950s, when Chicago experienced a shortage of domestic workers, employers benefited from the efforts of the Puerto Rican government to recruit low-skilled single women to migrate to mainland United States. 11 The United States currently has a huge demand for low-skilled and low-paid labor, a demand that is rising because of the large aging population estimated to increase the need for personal care and service jobs by 27%, creating roughly 1.3 million jobs between 2010 and Because the United States is unable to meet these needs with its own citizens, there 3

8 is a great demand for immigrants, who often take work as maids and caretakers of children and the elderly. Women immigrate to United States for many reasons to flee violence in their home countries, because of lack of opportunities for work and education at home, and to provide remittances to families back in their home country. Economic crises, like those resulting from the implementation of free trade in Mexico and other countries in Latin America, austerity programs, and the displacement of rural workers, make finding work at home difficult. Political crises such as civil war, widespread violence against women, and increased danger due to gang activity make immigration to the United States necessary for many people. 13 Latina domestic workers face different opportunities and distinct challenges depending on their national origin and immigration status. Most Latinas in the United States are Mexican or of Mexican descent, with Mexicans making up 63% of the Hispanics in the United States. 14 Sixty-five percent of the Mexican-origin population is native born, while 18% are undocumented immigrants, 11% are legal permanent residents, and 6% are naturalized citizens. 15 Puerto Ricans, U.S. citizens are the second largest population of Hispanics in the United States, making up 9.2%. Cuban Americans, welcomed as refugees by the U.S. government, usually come from upper and middle class backgrounds, make up 3.5% of the U.S. Hispanic population. Hispanics from Central America include Salvadorans (3.3%), Dominicans (2.8%), and Guatemalans (2.1%). 16 However, due to the private nature of domestic work and the challenges of collecting data, fully accurate demographic information about Latina domestic workers nationalities is unavailable. Domestic workers vulnerability to exploitation and abuse is deeply rooted in historical, social, and economics trends. Today, immigration status intersects with gender, race, and class to place undocumented workers in a unique position of vulnerability. 17 U.S.-born Latinas possess an advantage when looking for work and advocating for their rights, including knowledge of English and U.S. laws, and higher levels of educational attainment. Undocumented and immigrant Latinas come from throughout Latin America and may be monolingual Spanish speakers, have varied educational backgrounds, and may not be familiar with U.S. laws. 18 These differences make it easier to exploit undocumented Latinas through lower wages and abusive work conditions. 19 Latina domestic workers (including nannies, caregivers, and house cleaners) make a median hourly wage of $10 per hour. The figure is $2.13 lower than white and $0.99 lower than African American workers NDWA, California Domestic Worker Bill of Rights Campaign.

9 Doing Domestic Work Domestic work is in essence a relationship between people, between the caretaker and the employer, the elderly client, or the children. To better have a sense of this personal relationship between people and the emotional experience of care giving, a series of conversations and focus groups were conducted in 2007 with domestic workers. The women interviewed came from countries such as Ecuador, Guatemala, Mexico, and Columbia. They took care of children in their own or in their employer s house, cleaned several private homes per week, or switched from housecleaning for one employer to taking care of the children of another. Quotes from these interviews are placed throughout the report. La patrona stays home, takes care of the baby a lot, or plays with the little girl. When the girl takes a nap I have to do laundry, clean. I am always so tired, I wish I could rest during the day, just for a little bit. When I take care of the little girl she is not allowed to watch TV, but when the mother needs a break she asks her whether she would like to watch some TV, and then the mother takes a rest. This would be a good time for me to rest as well, but I can t, I have to clean the house or iron clothes. I hate ironing, it is so exhausting. - Roberta Relationships with Employers Domestic work is very personal because domestic workers are in close contact with all members of the family in the intimate sphere of a private household. Employers try to regulate their home space, turning it into a gray zone with blurry distinctions between the rights of people as workers and as private citizens. Many employers take advantage of the convergence between the worksite and the employer s private dwelling to take advantage of the worker s time and duties. Stretching the employee s work time can therefore easily be justified by claiming that she is just one of the family. By equating contracted labor with unpaid family responsibilities, no additional pay is required. The relationship between the domestic worker and the employer is one of unequal power played out in the home, complex even when the employer is kind and generous. Pierrette Hondagneu-Sotelo addresses the personal side of domestic work in Doméstica: Immigrant Workers Cleaning and Caring in the Shadows of Affluence, describing the different employer-employee relations experienced in private household labor. She draws related distinctions between personalism and maternalism. Personalism implies a two-way relationship between employer and employee that is nevertheless bound to stay asymmetrical. Personalism does acknowledge that emotional tasks and connections with members of the family are integral components of both unpaid and paid domestic work. An absence of any personalism can make the workers feel ignored and disrespected. Maternalism, on the other hand, is expressed by a one-sided, benignly paternalistic ( maternalistic ) approach to the worker. In this type of 5

10 relationship, the domestic worker is expected to show gratitude, loyalty, a commitment to the job, and, above all, to doing extra unpaid work. 21 Not only do many women do extra, unpaid work, but they also are assigned duties outside of their immediate responsibilities. The women in the focus groups refer to themselves as niñeras, nannies, a term that did not capture the large proportion of their work they had to devote to housecleaning and other tasks. Eastern European nannies did not do any housecleaning, only cared for the children, but Latinas always did both. In the Home Economics report, 31% of undocumented domestic workers and 23% of documented domestic workers were assigned work outside their job description, compared to only 19% of U.S. born domestic workers. 22 It is true, my employer is right, I am a member of the family, said one domestic worker, speaking with pride. She partook in vital family functions and her employer did indeed respect the importance of her work. The worker also said that whenever she is asked to do additional hours of work she feels free to say no. Her story demonstrates that emotional involvement, respect, pride in one s work do not have to be absent in the lives of domestic workers. Working with children You can say that I am practically raising this child. I say she takes advantage of me because she knows that I have become close to this child and she knows that the child also likes being with me. It is not fair, because I am taking care of this child as if it was my own, like his own mother, because his own does not take care of him. - Janette Taking care of children is one of the most challenging aspects of domestic work. It encompasses emotional labor as well as other duties associated with feeding and cleaning. Caring for children combines different tasks and responsibilities, varied physical, emotional, and intellectual skills, and the ability to respond to challenges. In focus groups, all domestic workers working with children displayed or talked about the affection they experience for the children in their care. One woman who had been doing domestic care for over 15 years kept lots of pictures of all the children she had taken care of. She also spoke of the difficulty of leaving them when she lost a job or switched employments. Caring for someone else s children inevitably evokes feelings of loss and pain in the hearts of women whose own children live far away. In a conversation, one niñera spoke about her kids in glowing terms, but the pictures she showed were not those of her own children, but those of her employer. Economic necessity had made her leave her own children to care for someone else s. Children s strong emotional presence and their ability to ignore differences in skin color or social position inevitably causes affection for a woman who cannot care for her own. The niñera may project her feelings of loss by showering all her love and affection onto the employer s children. 6

11 NDWA, photo by Lin-shao Chin, San Francisco Care Congress Current Situation for Domestic Workers Domestic workers play a critical role in the Illinois economy, working to ensure the health and prosperity of Illinois families and freeing others to participate in the workforce. The social isolation of domestic work is compounded by limited federal and state labor protections for this workforce. Many of the laws and policies that govern pay and conditions in the workplace simply do not apply to domestic workers. Domestic workers have little control over their working conditions. Employment is usually arranged without the benefit of a formal contract. Domestic workers are subject to physical and verbal abuse by their employers, even enduring, in the extreme cases of some live- in immigrant workers, extremely dangerous and exploitative situations. Domestic work can be hazardous. Workers risk long-term exposure to toxic chemicals and a range of workplace injuries. Low pay is a systemic problem in the domestic work industry. Twenty-three percent of domestic workers are paid below the state minimum wage. Eighty-five percent are not guaranteed overtime pay. 23 Domestic workers rarely receive employment benefits. Domestic workers experience acute financial hardships. Many indicate that their most basic needs go unmet. 7

12 I work from 8 to 6 every day, 5 days a week. No, I do not get paid overtime. Sometimes they ask me to stay longer because they have a party, or they need to be somewhere. I say no, I need to go home. This work is very tiring, in the evening I am soo tired and my feet hurt. I don t have a written contract. Yes, you can say we kind of had a verbal agreement about hours, kind of work. But that does not mean anything, everything changes all the time. - Lora Domestic Work and Labor Laws The United States has a vast apparatus of labor laws that are intended to provide employees protections from exploitation. Basic rights afforded to most workers fall under the categories of protection from discrimination, provisions for fair wages and benefits, and for safe workplaces. 24 These laws are all supposed to provide workers with a safety net and security over the course of their careers. Other laws prevent employers from firing or harassing workers based on their race, sex, religion, immigration status, and disabilities. However, given the complicated nexus of federal and local laws which can affect employment, it can sometimes be difficult for workers to know what rights they have or for employers to know what their responsibilities are. Employers often fail to conceive of their homes as workplaces, and neglect responsibilities that they have as employers towards their workers. There are specialized law and accounting firms (Nanny Tax firms) throughout the country that will assist employers fulfill their responsibilities to their workers and to the IRS, but employers must first seek out these service. Federal Laws Fair Labor Standards Act (FLSA) is a landmark law that provides most workers with a right to a minimum wage and overtime pay, prevents employers from firing or retaliating against employees who demand their employment and labor rights be honored, and includes provisions to prevent discrimination. 25 All domestic workers are guaranteed the federal minimum wage (currently $7.25) under this law s definition of employees. Currently the only minimum wage exception for domestic workers is for caregivers or domestic workers who work on a casual basis, meaning that the work is not an individual s main vocation, that their work adds up to less than eight hours a week, or work is undertaken by an individual who is not a breadwinner or whose family does not depend on their wages. Despite the new revisions to the Fair Labor Standards Act which will include companion and home health aid workers in its protections, live-in domestic workers or home health aides are still not included under provisions providing maximum hours of work or guarantees of overtime pay. Live-in domestic workers who are employed by a family or individual directly do not have a right to overtime pay. 26 They are entitled to overtime wages if employed jointly through a third party agency. 8

13 Live-in domestic workers are the most vulnerable to abuse by employers and overwork without compensation. Many employers fail to keep records of hours worked or honor meal and rest times, although this is an FLSA requirement. Workers often are paid only for a fraction of the hours they work. Domestic workers who work as live-in nannies or caretakers have reported being asked to sign documents that show that they work 40 hours a week when they in fact work much longer hours and are not afforded designated rest and meal periods, or at least one day off a week as designated by federal labor laws. 27 The National Labor Relations Act (NLRA): The NLRA gives employees the right to organize. When workers unionize, wages rise, compliance with OSHA regulations and other federal labor laws increase, and workers situations improve. Domestic workers are excluded from the definition of employee and thus this right to organize under the National Labor Relations act. They do not have the same protections from retaliatory action by their employers as other workers who choose to organize. 28 Occupational Safety and Health Act (OSHA): The act provides safety regulations for hazardous work and other provisions aimed at protecting workers from having to engage in activities that are harmful to their health and safety and requires employers to provide a safe, hazard-free environment. 29 Domestic workers report physical and occupational health hazards in their workplace from household cleaners to heavy lifting. 30 They do not fall under OSHA protections because they perform ordinary household tasks. 31 However, domestic workers report physical and occupational health hazards in their workplace from household cleaners and heavy lifting. Even though employers may have a hard time conceiving of their homes as a hazardous workplace, it is nonetheless imperative that domestic workers are guaranteed safe workplaces under the law. Civil Rights Law: Most employees enjoy protection from discrimination based on race, color, religion, sex, national origin, disabilities, or age. However, most of the Federal laws that provide these protections define employers as those organizations that employ 15 or more workers. Domestic Workers do not receive any of these benefits unless they are employed by a third party agency. However, it is the case that oftentimes sub-contractor agencies, such as cleaning agencies fail to comply with federal labor laws as a matter of principle, and are hard to prosecute because of gray areas in the law regarding third party employment arrangements. Illinois Law Illinois Minimum Wage Law: The Illinois Minimum Wage Law does not currently include domestic workers. Illinois minimum wage currently is $8.25 per hour. Domestic workers in Illinois can legally be paid at the federal minimum wage rate, which is $1 less an hour than their counterparts laboring in more traditional workplace environments. The Illinois Minimum Wage Law does include caregivers and home health aides, a group of workers who were previously not covered by the federal Fair Labor Standards Act, but who will begin to be covered starting in January Cook County Human Rights Ordinance: Domestic workers employed in Cook County are offered protections under the Cook County Human Rights Ordinance. This ordinance defines covered employees as any individual whether paid or unpaid in employment for an employer and says that no employer or employment agency may discriminate against 9

14 a worker based on his or her race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, or housing status. 32 This act also protects workers against abuse and harassment from employers, managers, or individuals in the household in which they work, and against any retaliatory action in response to reporting abuse. Similar protections are offered under the Chicago Human Rights Ordinance, which covers all workers who undertake their work within the city limits, and extends employer liability for harassment and abuse to even non managerial or supervisory employees. 33 Illinois One Day of Rest in Seven Act: This Illinois labor law entitles all employees in Illinois to one day of time off per calendar week and secures designated meal periods for employees. 34 This law applies to domestic workers in Illinois, but may not be followed by employers because of the informal and difficult to enforce nature of domestic work. Additionally this law also provides specific protections for hotel employees who work as maids or in other domestic service provisions, ensuring rest periods, a break room, and other rights. It also says that if a hotel is found to be in violation of these measures, they are bound to back pay domestic service workers at a rate of three times their normal pay. 35 Sexual Abuse Because domestic workers often work in private homes, in the domain of the personal instead of the public, navigating the workplace and securing protections against abuse can be extremely difficult. This can be an especially difficult area to navigate issues of sexual harassment, sexual assault, and workplace violence. Not only are domestic workers often secluded and invisible from the public eye, many laws protecting workers against harassment do not currently apply to them, and there are distinct asymmetries in power between the employer and the employee. These asymmetries can be especially pronounced in situations where the domestic worker is undocumented. For domestic workers who live-in, and for whom there is little autonomy, sexual harassment and sexual assault can be an even greater risk. A domestic worker who is a victim of sexual assault may experience very conflicted emotions about her trauma. Domestic workers form intimate relationships with family members, but are not of the family. This dichotomy of intimacy and alienation can leave domestic workers conflicted about the trauma they have experienced and how to react. Additionally for live-in workers it may be difficult to reach out for help or seek medical treatment. If they have no privacy or mobility of their own it may be difficult to speak out or escape their abuser, they may be isolated from means of communication, transportation or any form of support network. Furthermore, if the domestic worker is monolingual, or a recent immigrant, they may face language barriers and lack knowledge of their rights and the social systems that can help them in their time of need. If the domestic worker is able to reach out to law enforcement to report the crime committed against her, she may face negative and discriminatory treatment from institutions from law enforcement to medical personnel. 36 Beyond all of these concerns, workers who are live-in employees may not have a safety net to turn to, or any resources to escape her situation. If she lives in the home of her employer and abuser she may risk losing her access to shelter, food, her possessions, her savings, any access to outside communications and other basic needs. For many domestic workers, especially those that live in the homes of their employer, the intimate and informal nature of their employment poses risks and dangers that may constrain their ability to address the abuse they have endured. 37 It is crucial to amend current legislation in Illinois that would provide such domestic workers with economic protection in the case that they become victims of sexual harassment. 10

15 Many women who work for cleaning agencies are also at risk of sexual abuse. Cleaners who are employed by an agency are isolated and put into potentially dangerous situations when their work involves cleaning in buildings after hours when only the workers and their managers are present. 38 Managers are able to abuse the workers, as they set the schedules and jobs each night, and are able to isolate their workers. 39 Though women in these situations are less isolated than workers in private homes, nonetheless they are subject to abuse. Managers and employers say that the employee would be fired or reported to ICE if they refused to submit to sexual advances or complained about the harassment and abuse. Cultural norms which emphasize deference to authority may pose an additional barrier to Latina undocumented workers in these situations who may feel that they do not have the power to question or confront this abuse. 40 Workers report being told that they should be grateful for their employment and not complain, that if they refused or took corrective action they would be fired and easily replaced. 41 The threat of unemployment can be a huge deterrent for speaking out against abuse, even for those that have legal documentation. Economic instability and the risk of being unemployed for even a short time can act as coercive forces that keep domestic workers tangled in a cycle of silence and abuse. Trafficking of Domestic Workers Imbalances in the world economy have created economic situations where women are being forced into invisible labor markets in order to provide for their families. Many women enter these markets because of lack of other options, but become entrapped by exploitative employers and become enmeshed in a cycle of abuse that they feel they cannot escape without causing harm to their families. Often times women promised domestic work abroad will instead be trafficked as sex workers. Even those who begin with jobs as domestic workers will sometimes be forced into sex work by their employers. It is estimated that 17,500 individuals are trafficked into the United States each year and Chicago serves as a major hub for trafficking in the Midwest. 42 Of individuals trafficked into the United States, 83% are trafficked for prostitution or sexual labor, and 12% are trafficked for traditional labor. 43 Forced labor networks thrive in areas with large immigrant communities, such as Chicago and its outlying suburbs. Many women and children pay to come to the United States for work as maids or nannies, but upon arrival are physically abused, exploited and forced into a form of indentured servitude, often in wealthy Illinois suburbs. 44 In 2010, in the Little Village neighborhood of Chicago, six women were promised legitimate domestic work as cleaners in a massage parlor. However, a short time into their employment, they were threatened and coerced into performing sex work at the massage parlor. The owner of the institution threatened to report the women to ICE and have them deported if they complained or refused to engage in prostitution. This is a common way for women to become entrapped in situations of sexual exploitation or bonded servitude. Threats against one s immigration status and security, as well as against one s family can serve to imprison workers in a coercive and exploitative situation, even if employers actions are illegal

16 NDWA, photo by Lin-shao Chin, San Francisco Care Congress Immigration and Domestic Workers Undocumented domestic workers make up 27% of maids and housekeepers and 23% of those in private household employment. 46 One estimate indicates that 35% of domestic workers are foreign-born. 47 Undocumented immigrants choose domestic work because it is easier to find a job without documents, English fluency is not necessary, and higher education is not needed. Undocumented workers are confronted with challenges including lower wages, increased risk of injuries, fear of losing jobs, and general exploitation. These workers can experience mistreatment and coercion at work because of their immigration status. 48 Undocumented workers face extra burdens and anxieties when looking for work. When applying for jobs, they take jobs at businesses that do not check Social Security numbers or do not care about legal status. When faced with labor issues like wage theft, harassment, and extra work, undocumented workers are made to feel by their employers that they should be grateful for employment and should not report health hazards or abuse. 49 According to the Home Economics report, 85% of undocumented immigrants who encountered problems with their working conditions in the prior 12 months did not complain because they feared their immigration status would be used against them. 50 Employers can threaten employees with termination of their position and by making the worker feel like he or she could be easily replaced. The threat of losing a job can be especially potent if it took the worker a long time to find employment or if the worker s spouse has been deported, leaving them as the single-earner for an entire household

17 Wages and Injuries The Home Economics report surveyed the median hourly wage of nannies, caregivers, and housecleaners with varying legal statuses. Undocumented domestic workers receive a median hourly wage of $10, two dollars lower than U.S. citizens $12 median hourly wage. Interestingly, both documented and undocumented immigrants surveyed made the same amount. Foreign-born U.S. citizens made only $1.67 more than non-citizens. NDWA, Photo by Jill Shenker. Guillermina Castellanos, NDWA Western Regional Congress Undocumented domestic workers, more than any other group surveyed, are injured while working or continue working while in pain to not lose their job. Seventy-four percent of undocumented workers reported being injured while working. In comparison, 61% of documented immigrants and 54% of US born workers reported being injured on the job. These statistics indicate that undocumented domestic workers are asked to perform unsafe tasks and work under unsafe conditions. For undocumented domestic workers, 77% worked while debilitated by illness, injury, or pain. Only 60% of documented immigrants and 56% of U.S. born workers reported working through similar bodily ailments. 52 Undocumented as well as documented workers face precarious job situations are unable to take sick time or disability leave because of fear of losing their jobs and because they do not have insurance and benefits protections. 13

18 Legal Resources Available to Undocumented Workers As previously mentioned, many undocumented workers may feel hesitant to report a labor violation or sexual abuse at work because of fears of deportation, being fired, or lack of knowledge about the U.S. legal system. The barriers faced in reporting labor abuses include limited English language ability, a personal history of abuse, lack of employment opportunities, or being a single head of household. Many domestic workers, often isolated physically and linguistically from legal resources and information, face additional barriers when trying to access these resources. Undocumented workers are entitled to file complaints for unpaid wages, workers compensation, and many other employment-related problems under federal and Illinois law regardless of immigration status. Firing or threatening to fire someone as a response to complaints about working conditions or unfair treatment is illegal. Under the Fair Labor Standards Act, it is considered unlawful retaliation if an employer reports an employee to immigration after a labor dispute. 53 The Immigration and Customs Enforcement (ICE) has an internal policy called operating instruction that discourages it from getting involved when a labor dispute is in progress, including wage, safety, and health violations. 54 Federal labor agencies like the U.S. Equal Employment Opportunity Commission and the Department of Labor should not ask questions about immigration status and cannot enforce immigration laws. Orders of Protection and Civil No Contact Orders, the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U visas are available for undocumented workers. Orders of Protection and Civil No Contact Orders: If mistreated, undocumented workers can fill out a police report to create documentation of a crime. If a victim of abuse or harassment, they can also receive an Order of Protection or a Civil No Contact Order. Both orders provide protection for the petitioner, but the Order of Protection is specifically for victims living under the same roof as the offender, and the Civil No Contact Order is for victims with no prior relationship with the offender. U.S. Equal Employment Opportunity Commission The EEOC works with discrimination cases, and is often used to help undocumented victims of sexual harassment. In the state of Illinois, an individual has 300 days to file a charge against an employer if the business employs more than 15 people. If the business has less than 15 employees, the individual only has 180 days to file charges. 57 When the EEOC becomes involved, they push for mediation between the employee and the business. Department of Labor If a worker has been a victim of wage theft, working extra hours without payment, or working under unsafe conditions, they can file a motion with the Department of Labor. The Fair Labor Standards Act requires employers to provide a minimum wage and overtime pay for employees, even if they are undocumented. 58 U Visa The U visa allows undocumented immigrants to cooperate with the police without fear of deportation. To be eligible for a U visa, an immigrant must have been a victim of a particular crime and must demonstrate that he or she is helping, has helped, or will help law enforcement in investigating or prosecuting a crime. The visa gives non-immigrant status to victims for four years, but they can apply for permanent resident status after three years. Only 10,000 U visas are allotted by Congress per year. Although the U visa includes various types of crimes, it has a heavy emphasis on victims of domestic violence and sexual crimes. 59 If the Department of Labor found evidence of criminal activity while investigating a workplace violation, they may certify the U visa application

19 Benefits of Immigration Reform Although legal recourse for exploited undocumented workers exists, it is often difficult and lengthy to obtain. These resources might be even more difficult to access for domestic workers in isolated situations. A legal path to citizenship would decrease the abuse, exploitation, and fear of these workers. A comprehensive immigration reform bill has yet to be passed at a national level. The U.S. Senate Bill S.744 does not exclude undocumented domestic workers. Work history is one of the requirements for U.S. residency and the informal nature of domestic work means workers can be paid in cash and do not have formal contracts, making documentation very difficult. Fortunately, with S.744, detailed wage history is not necessary. 61 Pushing for just and humane immigration reform is central to the current domestic worker movement. On September 12, 2013, domestic workers took part in a civil disobedience where 115 women were arrested, demanding for the house to take action on a bill that recognizes the contributions of domestic workers and keeps all families together. 62 Specifically, immigration reform legislation must: Include a broad and clear roadmap to citizenship that keeps all families together, recognizes the contributions of women s work and of all women workers. Recognize women s work in future employment categories and protect women workers on the job. Ensure protections for survivors of violence and trafficking. Promote immigrant integration that includes and empowers women. Photo by Elisa Ringholm, Chicago Coalition of Household Workers and Latino Union of Chicago members present during the National Domestic Worker s Alliance Congress in May Domestic Worker Movement National Legislation Policies need to be enacted and enforced to rectify the exclusion of domestic workers from employment and labor laws. Among these protections are the right to organize, earn the minimum wage, get paid for overtime, take regular rest and meal periods, claim workers compensation and unemployment insurance, have healthy and safe work environments, and have effective remedies for discrimination, abuse, and harassment. In addition, policies are needed to assure benefits, such as paid vacation and holidays or notice of termination, that are difficult for domestic workers to negotiate with their employers. Policies are needed to address issues particular to live-in workers, such as standard hours of uninterrupted sleep. The Domestic Worker Bill of Rights campaign model was born in New York City and a Bill of Rights was successfully passed there in 2010 after a six year long grassroots led campaign. Since then, a growing wave of coordinated states are following suit with campaigns in California, Massachusetts, Oregon, Washington, Connecticut and here in Illinois. Political leaders in Hawaii passed the second Bill of Domestic Worker Rights in July

20 Legislation in Illinois The Illinois Domestic Worker Bill of Rights would bring an end to 75 years of exclusions from basic labor protections by expanding legal rights for domestic workers. In the face of formidable challenges, domestic workers throughout Illinois demand that their labor be recognized and valued. To bring legislation to Illinois, a coalition of advocates including Chicago Coalition of Household Workers, Latino Union of Chicago, Arise Chicago, Heartland Alliance, Jobs with Justice, Sargent Shriver National Center on Poverty Law, SEIU Health Care Illinois and Indiana, and Women Employed, came together to draft and advocate for the Illinois Domestic Workers Bill of Rights. The Domestic Workers Bill of Rights SB 1708, introduced by the coalition and sponsored by Senator Ira Silverstein, came to the General Assembly in Though the bill did not pass in the spring legislative cycle, the coalition s efforts represented the first wave of domestic worker advocacy in the state legislature in decades. Domestic workers, legal partners, and allies made over a dozen trips to Springfield during the spring session to meet with public leaders and garner support for the Domestic Workers Bill of Rights. The bill will be reintroduced in January of The Illinois Domestic Workers Bill of Rights would provide all domestic workers the following: The right to be paid no less than the Illinois minimum wage The right to be paid for all work hours The right to at least one day off a week The right to meal and rest periods The right to paid time off The right to be free from sexual harassment Advocating for this growing and marginalized workforce through a Bill of Rights campaign will improve the lives of domestic workers families, the families and homes the workers care for, and the Illinois residents at large. The campaign for the rights of domestic workers is building momentum throughout the country. Domestic Worker Organizations Domestic workers are mobilizing in creative ways to improve their position. Despite the legal and structural constraints on collective bargaining, they have developed organizations and alliances to amass collective power for change. Both in the U.S. and globally, a domestic workers movement for rights and respect has been steadily gaining strength. The National Domestic Workers Alliance (NDWA) was founded in 2007 at the U.S. Social Forum. A number of local domestic worker movements formed the organization to fill a need for national organization to connect domestic workers across geography, nationality, and language. 63 The NDWA started with 14 member affiliates and has grown to 39 local, membership-based affiliate organizations of over 10,000 nannies, housekeepers and caregivers for the elderly located in 14 states, plus the District of Columbia. 64 In 2011, the International Labor Organization adopted Convention No. 189, establishing for the first time global labor standards for the treatment of domestic workers. Convention No. 189 includes minimum wage requirements, occupational safety, work hours, social security, and the need to create a verbal or written contract. 65 The Latino Union of Chicago, the Chicago Coalition of Household Workers, and Arise 16

21 Chicago are members of the National Domestic Workers Alliance, the Illinois CARE Council for the Caring Across Generations Campaign, and the Illinois Domestic Workers Bill of Rights campaign. Latino Union of Chicago Founded in 2000, the Latino Union of Chicago collaborates with low-income immigrant workers to develop the tools necessary to collectively improve social and economic conditions. Community organizing, leadership development and popular education training among members play a central role within Latino Union. Founded by women day laborers, the Latino Union of Chicago has grown to see projects such as the Albany Park Worker Center, Cafe Chicago and the Chicago Coalition of Household Workers form directly through grassroots membership. Chicago Coalition of Household Workers The Chicago Coalition of Household Workers began in 2011 and is a project of Latino Union of Chicago. The members of the Chicago Coalition of Household Workers are housekeepers, nannies, house cleaners, and homecare workers. Together with their allies they fight for gaining social recognition and respect for the work that makes all work possible, and for ending the exclusion from labor rights and protections. Their collective efforts create the tools to improve their work and workplaces, and to effectively contribute to the well-being of their families and communities. Arise Chicago Arise Chicago builds partnerships between faith communities and workers to fight workplace injustice through education, organizing, and advocating for public policy changes. A group of interfaith leaders from Catholic, Jewish, and Methodist backgrounds founded the organization in 1991, believing that, all workers are created in the image of God and therefore deserving of dignity and respect. 66 The Arise Chicago Worker Center provides a space for immigrant and U.S. born workers to learn about their rights, meet other workers, partner with advocates to solve workplace problems, and strategize to improve workplace conditions. Home Economics Research Study Home Economics, referenced throughout this Latina Portrait, is a groundbreaking report that provides comprehensive information about domestic workers throughout the United States. The report examines in detail the lives of domestic workers that included not only basic demographics of the labor force, but focuses on the often dire financial situation many domestic workers face, the prevalence of exploitation and abuse, and the dangers associated with the work. In interviews, nannies, house cleaners, and caregivers spoke about aspects of their jobs from duties to injuries to economic stability. The 2,086 domestic workers surveyed spoke nine different languages and came from 71 countries. Researchers used a participatory model to collect data, with most of the interviews being conducted by domestic workers themselves from community organizations throughout the country. Using this type of model intimately involved the domestic workers, giving them ownership of the project and a sense of community in a profession that can often be isolating. This unique report is a powerful advocacy tool for organizations focused on domestic workers to get hard data to highlight the need for inclusion in labor legislation locally and nationally. 17

22 ACTION ITEMS Individuals, domestic workers, and policy makers themselves all have essential roles to play in ensuring that domestic workers enjoy a full range of labor and employment rights and protections. FOR INDIVIDUALS Contact local groups who work with domestic workers in order to find ways to support current ongoing campaigns and volunteer for various initiatives. Tell your Illinois Senators and Representatives to support the Illinois Domestic Workers Bill of Rights. Tell your U.S. Representatives to vote for a just and humane immigration bill that includes and keeps all families together and provides a clear roadmap to citizenship. Keep up with the domestic worker movement by connecting with national and local domestic worker organizations, reading newspapers and blogs. If you are an employer, provide a written contract or agreement, pay fair wages that include overtime pay, and provide benefits including Social Security, time off, health coverage, and sick leave to full-time employees. FOR DOMESTIC WORKERS Contact local worker rights organizations in order to find information about support, resources, services and collaboration for the various issues they confront. Lead the movement - A movement can only happen when those who are directly affected take the lead. Get involved in the Domestic Worker movement by speaking up and sharing your story. Help the movement grow - Change happens through people power, inform and engage other domestic workers by coming together with compañeras. Be informed and have a conversation with your employer, ask for a written contract that includes fair wages and overtime pay. Join the legislative campaign, visit your state legislators and ask for their support for the Illinois Domestic Workers Bill of Rights. FOR POLICY MAKERS Support a humane and just immigration reform bill that keeps all families together and provides a clear roadmap to citizenship. Become a co-sponsor of the Illinois Domestic Workers Bill of Rights and encourage fellow legislators to support. Show support by publicly speaking about the current situation that domestic workers face and how the Illinois Domestic Workers Bill of Rights can make a difference. Host a group of domestic workers to share their experiences and testimonies. Collaborate with domestic worker organizations to create services and/or events in your districts. Press for greater enforcement of laws currently in place that protect domestic workers. 18

23 Resources Organizations working with Domestic Workers Locally Latino Union of Chicago W. Bryn Mawr Chicago, IL Phone: Chicago Coalition of Household Workers W. Bryn Mawr Chicago, IL Phone: Arise Chicago W. Bryn Mawr, Suite 300 Chicago, IL Phone: Nationally National Domestic Workers Alliance th Avenue, 19th Floor New York, NY Phone: Sexual Abuse Resources (continued) YWCA- Metropolitan Chicago 1 North LaSalle Street, Suite 1150, Chicago, IL Phone: info@ywcachicago.org ICASA North 16th Street Springfield, IL Phone: (217) sblack@icasa.org Rape Victim Advocates N Michigan Ave #600 Chicago, IL Phone: (312) info@rapevictimadvocates.org Learn about Domestic Worker Rights Rights Begin at Home: Defending Domestic Workers Rights in Illinois By the National Employment Law Project Illinois Domestic Worker s Bill of Rights Act Illinois General Assembly Sexual Abuse Resources Rape Crisis Hotline: Mujeres Latinas en Acción W. 21st Place, Chicago, IL W. Cermak Rd. Ste, 509 Phone: mail@mujereslat.org National Domestic Worker s Alliance 19

24 References 1 Bernhardt, A. et al. (2009). Confronting the Gloves Off Economy. Retrieved from 2 The following is an adaptation of a piece written by Harmony Goldberg for the National Domestic Worker s Alliance National 2013 Congress. 3 Boris, E. and Nadasen, P. (2008). Domestic Workers Organize!. WorkingUSA: The Journal of Labor and Society, 11, Wilson, C. and Wilson. (2000). Domestic Work in the United States of America: Past Perspectives and Future Directions. University of Michigan, Research Center on Group Dynamics. Retreived from umich.edu/prba/perspectives/winter2000/cwilson.pdf 5 Domestic Workers United and La Colectiva de Mujeres. History of the Domestic Work Industry in the U.S. Retreived from _Guide_and_Materials.pdf 6 Smith, P. (1999). Regulating Paid Household Work: Class, Gender, Race, and Agendas of Reform. American University Law Review, 48.4, Azzarone, Stephanie. (24 July 2013). The Changing World of Moms. MediaPost. Retreived from mediapost.com/ 8 Bryce, Alison. (2009). Latina Actress Aims to Break Maid Stereotype. All Things Considered. Washington, D.C.: NPR. 9 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 10 Romero, M. (1998). Readers Companion to U.S. Women s History. New York: Houghton Mifflin. 11 Toro-Morn, M. I. (2001). Yo era muy arriesgada: A Historical Overview of the Work Experiences of Puerto Rican Women in Chicago. Centro Journal, 13(2), Bureau of Labor Statistics, U.S. Department of Labor. (2010). Occupational Outlook Handbook, Edition, Projections Overview. Retreived from (visited September 13, 2013). 13 Marquardt, M.F. et al. (2011). Living Illegal : The Human Face of Unauthorized Immigration. New York: The New Press. 14 Dockterman, D. and Hugo Lopez, M. (2011). U.S. Hispanic Country of Origin Counts for Nation, Top 30 Metropolitan Areas. Pew Research Hispanic Trends Project. Retrieved from org/2011/05/26/us-hispanic-country-of-origin-counts-for-nation-top-30-metropolitan-areas/ 15 Gonzalez-Barrera, A. and Lopez, M. (2013). A Demographic Portrait of Mexican-Origin Hispanics in the U.S. Pew Hispanic Center. Retreived from 16 Dockterman, D. and Hugo Lopez, M. (2011). U.S. Hispanic Country of Origin Counts for Nation, Top 30 Metropolitan Areas. Pew Research Hispanic Trends Project. Retrieved from org/2011/05/26/us-hispanic-country-of-origin-counts-for-nation-top-30-metropolitan-areas/ 17 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 18 Labadie-Jackson, G. (2008). Reflections on Domestic Work and the Feminization of Migration. Campbell Law Review, Dominguez Migela, A. (1999). Empleadas in the USA: Latina Domestic Workers Negotiating Power Among Boundaries of Race, Class, and Gender. Culture and Power: Cultural Confrontations. Ed. Chantal Cornut-GentileD Arcy. Zaragoza: Universidad de Zaragoza National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 21 Hondagneu-Sotelo, P. (2001). Doméstica: Immigrant Workers Cleaning and Caring in the Shadows of Affluence. Berkeley and Los Angeles: University of California Press. 22 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of 20

25 Domestic Work. New York: Author. 23 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 24 Kamber, D. (2010). Employment Law 101. Retrieved from 25 Domestic Workers Union. (2012). Domestic Workers Under Labor Law. 26 United States Department of Labor, Wage and Hour Division. (2013). Fact Sheet #79: Private Homes and Domestic Service Employment Under the Fair Labor Standards Act (FLSA). Retrieved from regs/compliance/whdfs79.htm 27 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 28 National Employment Law Project. (2009). Rights Begin at Home: Defending Domestic Workers Rights in Illinois. Chicago, IL: Author. Retrieved from 29 IBID 30 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 31 Occupational Safety and Health Administration. (1975). Policy as to domestic household employment activities in private residences. Coverage of Employees under the Williams-Steiger OSHA 1970 Standard Number National Employment Law Project. (2009). Rights Begin at Home: Defending Domestic Workers Rights in Illinois. Chicago, IL: Author. Retrieved from 33 Ibid. 34 Ibid. 35 Ibid. 36 Gaytan, N. and Goode, M. (2013). Latina Portrait: Latinas and Sexual Assault. Chicago, IL: Mujeres Latinas En Accion. 37 Reyes, M. (2013, September 5). Personal Interview. 38 Ibid. 39 Ibid. 40 Ibid. 41 Ibid. 42 Hounmenou, Charles PhD. (2012). Human Trafficking in Illinois Fact Sheet. Jane Addams Center for Social Policy and Research University of Illinois at Chicago. 43 Ibid. 44 Ibid. 45 Sweeney, A. and Walberg, M. (24 November 2010). Woman charged with human trafficking. Chicago Tribune. 46 Cohn, D. and Passel, J. (2009). A Portrait of Unauthorized Immigrants in the United States. Pew Research Hispanic Trends Project. Retrieved from 47 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author 48 Reyes, M. (2013, September 5). Personal Interview. 49 IBID 50 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author 51 Reyes, M. (2013, September 5). Personal Interview. 52 National Domestic Workers Alliance. (2012). Home Economics: The Invisible and Unregulated World of Domestic Work. New York: Author. 53 Gonzalez, P. and S. Leberstein. (2010). Rights Begin at Home: Protecting Yourself as a Domestic Worker. Retreived from 21

26 54 National Immigration Law Center. (2009). Issue Brief: Immigration Enforcement During Labor Disputes. Retrieved from 55 Office of the Clerk of the Circuit Court of Cook County. (2013). A Guide to Domestic Relations Divisions. Chicago: Author 56 Illinois General Assembly. Civil No Contact Order Act. 740 ILCS January U.S. Equal Employment Opportunity Commission. (2013). Timeliness. Retrieved from field/chicago/timeliness.cfm 58 U.S. Department of Labor. (2008). Application of U.S. Labor Laws to Immigrant Workers: Effect of Hoffman Plastics decision on laws enforced by the Wage and Hour Division. Retrieved from regs/compliance/whdfs48.htm 59 Department of Homeland Security. (2012). U Visa Law Enforcement Certification Resource Guide. Retrieved from 60 Immigrant Legal Resource Center. (2011). Department of Labor U Visa Process and Protocols. Retrieved from 61 Robinson, Kat. (July 2013). Immigration Reform 2013: 3 Ways Undocumented Women Will Benefit. Policymic. Retrieved from 62 Preston, J. (13 September 2013). Women s Groups Rally for Immigration Reform. New York Times. Retrieved from html?_r=2& 63 National Domestic Workers Alliance. (2012). Our Story: The Re-Birth of a National Domestic Workers Movement. Unpublished document. 64 National Domestic Workers Alliance. (2013). Who we are. Retrieved from who-we-are 65 International Labour Conference. (2011). Convention No. 189: Decent Work for Domestic Workers. Retreived from 66 History. (2012). Arise Chicago. Retrieved from 22

27 NDWA, Maria Luna, Mujeres Unidas y Activas member. After 25 years of caregiving with love for so many people, my body has become physically broken down, the countless hours standing, bending, carrying and performing the heavy duty of care work for our elders and disabled has created physical health problems for me. Soon my sons will need to care for me, but I m worried about affordable care for low-waged workers like me. I have given all of my self, mentally, physically, and spiritually to this work, I love the patients I care for. - Maria