Historic victory for domestic workers

After a militant six-year campaign of marching, rallying and lobbying, Domestic Workers United won a New York State Domestic Workers Bill of Rights. On Aug. 31, New York Gov. David Paterson signed this landmark bill into law; it goes into effect after 90 days.

Aug. 31 press conference announcing victory passage of Domestic Workers Bill of Rights, in Harlem, N.Y. WW photos: Anne Pruden

This is a civil rights victory for domestic workers who have struggled for 75 years against exclusions from federal labor laws, including the New Deal’s National Labor Relations Act of 1935, the Occupational Safety and Health Act and employment discrimination provisions in the 1964 Civil Rights Act.

This is the first legislation in the U.S. to give basic rights and protections to domestic workers. It will cover New York state’s 200,000 domestic workers, including nannies, elderly caregivers and housekeepers, who are mainly women of color.

The signing ceremony took place at Harlem’s Dwyer Cultural Center. Members of DWU, grassroots activist organizations, the NAACP and unions attended, along with federal and state politicians and media.

Speakers called the law “a milestone” and “groundbreaking,” noting that it would give “parity, justice, fairness and equity in the workplace” to these “essential caregivers” who are “an often invisible workforce.” They called Harriet Tubman an inspiration for their struggle.

The bill’s sponsors were state Sen. Diane Savino, Assemblyperson Keith Wright and Assembly Labor Committee Chair Susan John. Savino said that domestic workers make other work possible and asserted that this law sends a clear message across the country that domestic workers’ rights must be recognized.

Wright, who said he was the grandson of domestic workers, thanked and applauded DWU’s tenacity for fighting for this bill for years. He said, “We must see that the promises are kept.”

DWU Director Priscilla Gonzalez spoke “as a proud daughter of a domestic worker” and said, “It’s a new day for DWU, with more work ahead for winning paid vacations and sick days. Dignity and respect mean so much for us. We owe this great moment to those who sacrificed their time to organize.”

Gonzalez added, “We are making waves throughout the country and the world. Today we have proven that the power to change the world is within us. This is an example of what can be done and of the power of women of color together. We made history today. Change happens when we stand together for justice, dignity and respect! We have toiled for centuries in the shadows of slavery.”

Gov. Paterson stated, “Today we correct an historic injustice. ... Domestic workers are heroes of our society. ... They are our backbone; the wind beneath our wings.”

The new law requires of employers: overtime pay for domestic workers at time-and-a-half after a 40-hour week or after 44 hours for sleep-in workers; one day off a week; three days paid leave annually after one year; and inclusion in disability benefits laws. It requires advanced notice before termination, recourse for sexual harassment complaints and minimum standards of protection from racial discrimination. It mandates the Department of Labor to consider collective bargaining and the right to organize.

DWU will continue the fight for a living wage and health insurance, both of which they had originally demanded.

History of migrant domestic workers

The migration of African Americans from the “Jim Crow” South brought Black workers seeking a better life and decent jobs to the North, Midwest and West Coast. Because of racial discrimination, many Black women could only find work as domestic workers — jobs that many had been confined to in the legally segregated South.

In New York, they were often recruited on street corners and other gathering sites. Many became sleep-in domestic workers in the suburban homes of white families, often under conditions of indentured servitude. Those who worked in the city also experienced exploitation, emotional, verbal and physical abuse, sexual harassment, long hours and low pay.

Today, migrant women from the Caribbean, Africa, Latin America and Asia have joined African-American domestic workers; they also suffer racism and discrimination. Many of them have come from countries that have been negatively impacted economically and environmentally by U.S. corporate greed, destruction, and Pentagon militarism.

DWU is a grassroots organization of Caribbean, Latina and African domestic workers, which was initiated in 2000 by Filipinas in the Women Workers Project of CAAAV Organizing Asian Communities, together with Andolan (Organizing South Asian Workers). They organized to build power, raise the level of respect for their work and establish fair labor standards in their industry. (domesticworkersunited.org)

DWU activists say, “Tell Dem Slavery Done!” as they organize to build a movement to end exploitation and oppression for all.

This victory is one for all poor and working people. DWU organizers want more labor organizations to join the struggle. They aim for more states to follow New York’s precedent, to provide legal and human rights for the 2.5 million domestic workers throughout the country. This is only the beginning of their fight. DWU asserts, “We have a dream that one day all work will be valued equally.”