NCJ Number
189418
Journal
Human Rights Watch United States Volume: 13 Issue: 2 (G) Dated: June 2001 Pages: 1-63
Date Published
June 2001
Length
63 pages
Annotation
This report provides an overview of the prevalence and nature of the abuse of domestic workers with special visas in the United States and offers recommendations for addressing such abuse.
Abstract
In the worst cases, the domestic workers are victims of trafficking, deceived about the conditions of their employment, brought to the United States, and held in servitude for performing forced labor. They work up to 19 hours per day. They may be allowed to leave their employers' premises rarely and virtually never alone. They are paid far less than the minimum wage and are ordered not to speak with individuals outside their employers' families. They may be psychologically, physically, and/or sexually abused. The aforementioned egregious conditions were present in at least 5 of the 43 cases reviewed by Human Rights Watch. Workers suffered one or more forms of abuse in the vast majority of employment relationships examined. Workers were commonly paid significantly below the minimum wage and worked long hours (the median workday was 14 hours). Workers were also rarely free to leave their employers' homes without permission, resulting in the imposition of myriad restrictions on their freedom of movement. Because they have employment-based visas, if these domestic workers leave their sponsoring employers, regardless of how abusive they may be, they not only lose their jobs, but also their legal immigration status in the United States. Despite their often abusive treatment, migrant domestic workers with special visas are reticent to leave their employers or file legal complaints to enforce their rights. This report recommends that employment requirements for migrant domestic workers be binding legal provisions set forth in U.S. statutory law, and the Department of Labor should have explicit authority and the necessary resources to enforce and monitor compliance with these requirements. Also, Congress should pass legislation that allows migrant domestic workers whose employers are physically, sexually, or psychologically abusive or who commit other violations of employment law or standards, to transfer their visas to work as domestic workers for new employers. Congress should also pass legislation that creates temporary visas that allow a migrant domestic worker with a special visa to remain in the United States as long as necessary to pursue legal redress in cases of abuse and criminal victimization while working during this time. Further, Federal law should be amended to cover the sexual harassment of live-in domestic workers and include domestic workers under the Occupational Safety and Health Act. 319 footnotes