MY IMMIGRANT CLIENT IS COMPLAINING ABOUT HAVING SEX AT WORK WHAT DO I DO? FACILITATED BY: Sonia Parras Konrad, ASISTA sonia@asistahelp.org This project is supported by Grant No. 2009-TA-AX-K009 awarded by the United States Department of Justice, Office on Violence Against Women. The opinions, findings, and recommendations expressed in this document are those of the author(s) and do not necessarily reflect the views of the United States Department of Justice, Office on Violence Against Women. Copyright ASISTA
GOAL 1. TO INTRODUCE PARTICIPANTS to the dynamics of sexual assault in the workplace in immigrant communities 2. TO UNDERSTAND IMMIGRATION REMEDIES AVAILABLE TO IMMIGRANT SURVIVORS UNDER VAWA 3. TO DEVELOP FIRST STEPS TO OUTREACH AND SERVE IMMIGRANT VICTIMS OF SEXUAL VIOLENCE AT THE WORKPLACE
MY GRANT DOES NOT COVER THAT. To introduce participants to the dynamics of sexual assault in the workplace in immigrant communities
Statistics on Immigrant Workers There are over 30 million immigrants in the U.S; A 2000 Census 11% of the total population. In 2000, immigrant workers constituted 12.4% of the nation s total labor force. New immigrants (entering the U.S. after 1990) accounted for 50.3% of the growth in the civilian labor force between 1990 and 2001. An estimated 17.9 million foreign-born workers in the U.S. 34% of immigrant workers are naturalized citizens 34% are legal immigrants (including refugees) 29% are undocumented
Immigrants and occupations Overall, immigrant workers represent an especially large share of the total U.S. labor force in two major areas: Private household services (42%) Farming, Forestry & Fishing (37%). Looking only at low-wage immigrants, the share is 44% in each of the above major labor areas. CCN Report Undocumented workers make up about 5% of the U.S. labor force and are concentrated in construction, agriculture and cleaning jobs. 36% of all insulation workers 29% of all agricultural workers 29% of all roofers.
Immigrant women in the workforce Overall, women make up 40% of the immigrant workforce: In the low-wage labor force, women make up 44% of low-wage, foreign-born workers Amongst undocumented workers, women comprise 32% overall and 37% of low-wage undocumented workers LWU undocumented low wage immigrant overall overall 0% 1000% 2000% 3000% 4000%
What do we know about vulnerability to sexual assault? Lack of access to protection by legal or other systems of accountability Language/communication differences Economic instability/poverty, creating lack of ability to change housing or job Dependency on individual/system with power to create abuse Physical vulnerability
Vulnerability and added challenges Immigrant women face gender-based discrimination and other forms of otherness which can further disadvantage or make them vulnerable:
A single incident of SA can destabilize. Housing Employment Education Privacy Immigration medical and mental health Financial stability physical safety MENTAL HEALTH PTSD, depression, insomnia, panic attacks, memory impairment, increased drug and alcohol use, avoidance of sexual assault-related places and objects, rejection by peers, colleagues, and family, and suicidal ideation and self-destructive behavior
Additional challenges Guest Undocumented Immigrant status Age Race Religion Attitudes towards women s rights, reproductive health etc Poverty Limited education Socio economic status Continuum of violence Domestic violence Border rape Rape at home country
In general vs Immigrant survivor Urgent needs: Urgent needs: physical safety, emotional well-being, economic security, educational stability Sense of economic threat Safety: Immigration retaliation Physical safety Emotional well-being
What does this mean for our work? Populations who are vulnerable to sexual assault Employed in situations often out of sight of accountability systems Population increases often occurring in areas with few existing resources for those with LEP Health care Legal resources Community support systems
CHALLENGES SPECIFIC TO IMMIGRANT SURVIVORS LIVING IN RURAL AREAS Lack of infrastructure No comprehensive services Lack of cultural consideration in provision of services One advocate for several counties Non-compliance with LEP Rural area; physical limitations: Small community- none or little confidentiality Workplace may be the only one in miles Lack of transportation Immigration issues: The employer may be in on it
I IMMIGRANT WOMEN IN IOWA VICTIMS OF SEXUAL ASSAULT IN THE WORKPLACE
VIOLENCE IS VIOLENCE Sexual violence in the workplace is violence sexual violence is a form of sexual harassment Need for movement to address workplace sexual assault by supervisors, co-workers DV: target abusers, criminal justice SH: target is company for $$ and changes
Violence & Control Sexual harassment/assault Perpetrator co-worker company company controls all conditions of work company policies and practices Domestic violence Perpetrator Intimate relation Controls inside of the household and outside Imposes rules to follow or else
Violence & Control SH/SA DV Stay because job is lifeline for victim and family; retaliation against victim, family members, coworkers Immigrant workers, language, isolation remedy is $$$, termination of harasser, new company policies and practices Stay because retaliation against victim, family members, coworkers Immigrant face challenges imposed by our systems remedy is civil or criminal
Parties Perpetrator may be man or woman of same sex supervisor, agent of employer, co-worker, third party Victim can be affected by the hostile work Environment
What women are telling us Dynamics of sexual violence in the work place How does it happen When does it happen What are her needs before, during and after n Handout on focus groups findings
Examples from Iowa Three specific situations: DeCoster Farms n Women seeking immigration assistance and attending group related to domestic violence began to reveal months of sexual assault and harassment at work n Very few bilingual advocates to respond; some clients spoke limited to no Spanish or English n Cultural framework for trauma response was somatic response no medical personnel to assist
Examples from Iowa, continued Swift Packing n Women deported or moved out of state so quickly difficult to get information to them in time n Later learned from clients of harassment and assault n Quick mobilization of responders but authorities moved so quickly little chance to assist prior to clients/potential clients being moved
Examples from Iowa, continued Postville (Agriprocessors) n 300 workers arrested n Revealed exploitation, harassment n Eventually filed 50 U Visas n Clients unable to leave, ongoing trauma n Mobilized bilingual advocates statewide but difficult to create long-term support in rural community
Immigration Relief for survivors of specific crimes of violence Violence Against Women Act (VAWA) Self-Petition U Visa VAWA Cancellation of Removal Battered spouse waiver of joint petition requirement Gender-related asylum Special Immigrant Juvenile Status
Can she stay? VAWA OR BATTERED SPOUSE WAIVER What is your relationship to the assailant? What is your legal status in the United States? Do you know the legal status of the assailant? FAMILY RELATIVE PETITIONS & SIJS Do you have any family members that are Lawful Permanent Residents or United States citizens? How old are you? Where are your parents? U VISA Have you reported the crime to law enforcement? What anyone making advances at you at work? Bothering you? Asking you out? GENDER ASYLUM Were you ever hurt in your country of origin?
Can she stay-cont. T VISA Are you free to come and go from your place of residence/work? Where are your papers? (passport etc) Are you paid for your work on a consistent, regular basis? Do you get to keep your money or do you have give all or part of your money to someone else? Do you have friends and can you go to see them? How did you come into the USA? Recruited? Do you owe money for the trip? Has your boss/friend forced you to have sex with him or with others? What happened when you cross the border? Where did you stay? Who brought you to this State?
ASKING THE QUESTIONS No pass to harass Review your materials Information= prevention