Analysis Law and Policy

Oregon Domestic Workers’ Bill Fails, Highlighting Importance of Workers’ Voices

Sheila Bapat

Part of the problem in Oregon was that the push for domestic workers' legislation did not include enough grassroots mobilization by the state’s estimated 10,000 domestic workers who are currently excluded from overtime and other protections.

Last week, after receiving Democratic Gov. Neil Abercrombie’s signature, Hawaii became the second state in the nation to enact a domestic workers’ bill of rights, following New York’s 2010 law. But the excitement among domestic workers’ advocates over Hawaii’s new law was tempered when, in the same week, Oregon’s domestic workers’ legislation failed.

Domestic workers, who in the United States are primarily immigrant women who work as nannies, caregivers, and housekeepers, are surging ahead in their fight for inclusion in basic labor protections. But Oregon’s vote reveals how much further there is yet to go to recognize these workers as participants in the U.S. economy. It also reveals how crucial the voices of actual domestic workers are in achieving legislative victories.

The Oregon bill was narrower in scope than Hawaii’s and New York’s. HB 2672, Oregon’s Domestic Workers’ Protection Act, would have chiefly covered nannies in the state, while New York’s and Hawaii’s laws includes wage, overtime, and other protections for nannies, housekeepers, and caregivers for the elderly and disabled.

Yet Oregon’s bill still fueled debate in the state legislation. The state house passed HB 2672 in May, but the Oregon senate voted it down, with lawmakers raising objections that hearkened back to the historic exclusion of domestic workers from any labor protections. As the bill’s chief sponsor, state Rep. Sara Gelser (D-Corvallis), told Rewire via email, “The objections seem to be centered around whether these workers should have overtime, whether it is appropriate to have legal protections for eight hours of rest time in each 24-hour period, and whether it is appropriate for a domestic worker to have one unpaid day of rest each week. There are also objections to providing a written statement of wages, pay days, and working hours and to keeping records about hours worked and wages paid.”

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

These are protections that most workers in the economy receive, yet legislators questioned why domestic workers deserve them too. Even in the Oregon house, the vote over the bill was close and not without opposition. “Some legislators raised concerns about whether they’d have to still pay their nanny if she comes to Disneyland to care for the children and she is given Mickey Mouse ears,” said Rep. Gelser.

The answer is that, yes, of course—just as when any worker travels for her job, the domestic worker should be paid for her time, including when her job takes her to Disneyland.

Part of the problem in Oregon was that the effort was largely undertaken by Rep. Gelser and her allies in the legislature, and did not include enough grassroots mobilization by the state’s estimated 10,000 domestic workers, who are currently excluded from overtime and other protections. As legal scholar Reva Siegel has noted, social movements are subject to the “public value condition,” which means that social movements have to frame their issues in keeping with the public’s shared commitments, and express their convictions in the language of public value. To do this, it seems, grassroots storytelling is required. New York domestic workers accomplished their legislative victory in 2010 by pounding the pavement for a decade, telling their stories and building deep connections with employers and other workers’ groups.

“I do think grassroots support can make a big difference,” said Rep. Gelser . “But we had some other big, important, and competing issues this year that had been in the works longer, and our grassroots advocates appropriately focused their attention and energy there.”

Specifically, Oregon progressive activists invested their energy this year in passing critical legislation that could affect the families of some domestic workers, including tuition equity for undocumented students that graduate from Oregon high schools as well as driver’s licenses for undocumented people living in Oregon. Progressive groups also worked on passing paid sick leave legislation and automatic voter registration through the Department of Motor Vehicles. “As you can imagine, there is a lot of overlap between the advocates for all of these bills, considering they all have implications for racial equity, civil rights, and economic justice,” Rep. Gelser noted.

Similarly, some believe California’s domestic workers’ legislation failed in 2012 because of competing progressive causes. Democratic Gov. Jerry Brown may have vetoed the legislation because he needed to focus his political capital on passing tough legislation to increase education revenue for the state.

But the heightened activity in state legislatures throughout the country this year shows that the domestic workers’ movement is gaining traction. California, Massachusetts, and Illinois all still have domestic workers’ legislation pending. Rep. Gelser was inspired to act on this issue in Oregon after attending a symposium on the trafficking of women that was focused on labor in 2012. She has now made passing domestic workers’ labor protections her top legislative priority.

“I brought this bill late and knew it was a challenge given the many priorities that we had, and I was humbled that so many advocates were able to make time to work on this bill and to visit legislators to work on it,” Gelser said. “I anticipate that now that we’ve raised the issue, we will be able to build even more energy behind it in coming sessions.”

News Law and Policy

Texas Lawmaker’s ‘Coerced Abortion’ Campaign ‘Wildly Divorced From Reality’

Teddy Wilson

Anti-choice groups and lawmakers in Texas are charging that coerced abortion has reached epidemic levels, citing bogus research published by researchers who oppose legal abortion care.

A Texas GOP lawmaker has teamed up with an anti-choice organization to raise awareness about the supposed prevalence of forced or coerced abortion, which critics say is “wildly divorced from reality.”

Rep. Molly White (R-Belton) during a press conference at the state capitol on July 13 announced an effort to raise awareness among public officials and law enforcement that forced abortion is illegal in Texas.

White said in a statement that she is proud to work alongside The Justice Foundation (TJF), an anti-choice group, in its efforts to tell law enforcement officers about their role in intervening when a pregnant person is being forced to terminate a pregnancy. 

“Because the law against forced abortions in Texas is not well known, The Justice Foundation is offering free training to police departments and child protective service offices throughout the State on the subject of forced abortion,” White said.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

White was joined at the press conference by Allan Parker, the president of The Justice Foundation, a “Christian faith-based organization” that represents clients in lawsuits related to conservative political causes.

Parker told Rewire that by partnering with White and anti-choice crisis pregnancy centers (CPCs), TJF hopes to reach a wider audience.

“We will partner with anyone interested in stopping forced abortions,” Parker said. “That’s why we’re expanding it to police, social workers, and in the fall we’re going to do school counselors.”

White only has a few months remaining in office, after being defeated in a closely contested Republican primary election in March. She leaves office after serving one term in the state GOP-dominated legislature, but her short time there was marked by controversy.

During the Texas Muslim Capitol Day, she directed her staff to “ask representatives from the Muslim community to renounce Islamic terrorist groups and publicly announce allegiance to America and our laws.”

Heather Busby, executive director of NARAL Pro-Choice Texas, said in an email to Rewire that White’s education initiative overstates the prevalence of coerced abortion. “Molly White’s so-called ‘forced abortion’ campaign is yet another example that shows she is wildly divorced from reality,” Busby said.

There is limited data on the how often people are forced or coerced to end a pregnancy, but Parker alleges that the majority of those who have abortions may be forced or coerced.

‘Extremely common but hidden’

“I would say that they are extremely common but hidden,” Parker said. “I would would say coerced or forced abortion range from 25 percent to 60 percent. But, it’s a little hard be to accurate at this point with our data.”

Parker said that if “a very conservative 10 percent” of the about 60,000 abortions that occur per year in Texas were due to coercion, that would mean there are about 6,000 women per year in the state that are forced to have an abortion. Parker believes that percentage is much higher.

“I believe the number is closer to 50 percent, in my opinion,” Parker said. 

There were 54,902 abortions in Texas in 2014, according to recently released statistics from the Texas Department of State Health Services (DSHS). The state does not collect data on the reasons people seek abortion care. 

White and Parker referenced an oft cited study on coerced abortion pushed by the anti-choice movement.

“According to one published study, sixty-four percent of American women who had abortions felt forced or unduly pressured by someone else to have an unwanted abortion,” White said in a statement.

This statistic is found in a 2004 study about abortion and traumatic stress that was co-authored by David Reardon, Vincent Rue, and Priscilla Coleman, all of whom are among the handful of doctors and scientists whose research is often promoted by anti-choice activists.

The study was cited in a report by the Elliot Institute for Social Sciences Research, an anti-choice organization founded by Reardon. 

Other research suggests far fewer pregnant people are coerced into having an abortion.

Less than 2 percent of women surveyed in 1987 and 2004 reported that a partner or parent wanting them to abort was the most important reason they sought the abortion, according to a report by the Guttmacher Institute.

That same report found that 24 percent of women surveyed in 1987 and 14 percent surveyed in 2004 listed “husband or partner wants me to have an abortion” as one of the reasons that “contributed to their decision to have an abortion.” Eight percent in 1987 and 6 percent in 2004 listed “parents want me to have an abortion” as a contributing factor.

‘Flawed research’ and ‘misinformation’  

Busby said that White used “flawed research” to lobby for legislation aimed at preventing coerced abortions in Texas.

“Since she filed her bogus coerced abortion bill—which did not pass—last year, she has repeatedly cited flawed research and now is partnering with the Justice Foundation, an organization known to disseminate misinformation and shameful materials to crisis pregnancy centers,” Busby said.  

White sponsored or co-sponsored dozens of bills during the 2015 legislative session, including several anti-choice bills. The bills she sponsored included proposals to increase requirements for abortion clinics, restrict minors’ access to abortion care, and ban health insurance coverage of abortion services.

White also sponsored HB 1648, which would have required a law enforcement officer to notify the Department of Family and Protective Services if they received information indicating that a person has coerced, forced, or attempted to coerce a pregnant minor to have or seek abortion care.

The bill was met by skepticism by both Republican lawmakers and anti-choice activists.

State affairs committee chairman Rep. Byron Cook (R-Corsicana) told White during a committee hearing the bill needed to be revised, reported the Texas Tribune.

“This committee has passed out a number of landmark pieces of legislation in this area, and the one thing I think we’ve learned is they have to be extremely well-crafted,” Cook said. “My suggestion is that you get some real legal folks to help engage on this, so if you can keep this moving forward you can potentially have the success others have had.”

‘Very small piece of the puzzle of a much larger problem’

White testified before the state affairs committee that there is a connection between women who are victims of domestic or sexual violence and women who are coerced to have an abortion. “Pregnant women are most frequently victims of domestic violence,” White said. “Their partners often threaten violence and abuse if the woman continues her pregnancy.”

There is research that suggests a connection between coerced abortion and domestic and sexual violence.

Dr. Elizabeth Miller, associate professor of pediatrics at the University of Pittsburgh, told the American Independent that coerced abortion cannot be removed from the discussion of reproductive coercion.

“Coerced abortion is a very small piece of the puzzle of a much larger problem, which is violence against women and the impact it has on her health,” Miller said. “To focus on the minutia of coerced abortion really takes away from the really broad problem of domestic violence.”

A 2010 study co-authored by Miller surveyed about 1,300 men and found that 33 percent reported having been involved in a pregnancy that ended in abortion; 8 percent reported having at one point sought to prevent a female partner from seeking abortion care; and 4 percent reported having “sought to compel” a female partner to seek an abortion.

Another study co-authored by Miller in 2010 found that among the 1,300 young women surveyed at reproductive health clinics in Northern California, about one in five said they had experienced pregnancy coercion; 15 percent of the survey respondents said they had experienced birth control sabotage.

‘Tactic to intimidate and coerce women into not choosing to have an abortion’

TJF’s so-called Center Against Forced Abortions claims to provide legal resources to pregnant people who are being forced or coerced into terminating a pregnancy. The website includes several documents available as “resources.”

One of the documents, a letter addressed to “father of your child in the womb,” states that that “you may not force, coerce, or unduly pressure the mother of your child in the womb to have an abortion,” and that you could face “criminal charge of fetal homicide.”

The letter states that any attempt to “force, unduly pressure, or coerce” a women to have an abortion could be subject to civil and criminal charges, including prosecution under the Federal Unborn Victims of Violence Act.

The document cites the 2007 case Lawrence v. State as an example of how one could be prosecuted under Texas law.

“What anti-choice activists are doing here is really egregious,” said Jessica Mason Pieklo, Rewire’s vice president of Law and the Courts. “They are using a case where a man intentionally shot his pregnant girlfriend and was charged with murder for both her death and the death of the fetus as an example of reproductive coercion. That’s not reproductive coercion. That is extreme domestic violence.”

“To use a horrific case of domestic violence that resulted in a woman’s murder as cover for yet another anti-abortion restriction is the very definition of callousness,” Mason Pieklo added.

Among the other resources that TJF provides is a document produced by Life Dynamics, a prominent anti-choice organization based in Denton, Texas.

Parker said a patient might go to a “pregnancy resource center,” fill out the document, and staff will “send that to all the abortionists in the area that they can find out about. Often that will stop an abortion. That’s about 98 percent successful, I would say.”

Reproductive rights advocates contend that the document is intended to mislead pregnant people into believing they have signed away their legal rights to abortion care.

Abortion providers around the country who are familiar with the document said it has been used for years to deceive and intimidate patients and providers by threatening them with legal action should they go through with obtaining or providing an abortion.

Vicki Saporta, president and CEO of the National Abortion Federation, previously told Rewire that abortion providers from across the country have reported receiving the forms.

“It’s just another tactic to intimidate and coerce women into not choosing to have an abortion—tricking women into thinking they have signed this and discouraging them from going through with their initial decision and inclination,” Saporta said.

Busby said that the types of tactics used by TFJ and other anti-choice organizations are a form of coercion.

“Everyone deserves to make decisions about abortion free of coercion, including not being coerced by crisis pregnancy centers,” Busby said. “Anyone’s decision to have an abortion should be free of shame and stigma, which crisis pregnancy centers and groups like the Justice Foundation perpetuate.”

“Law enforcement would be well advised to seek their own legal advice, rather than rely on this so-called ‘training,” Busby said.

News Politics

Coalition Warns of Trump-Pence Ticket’s ‘Hateful’ Record

Ally Boguhn

“Let’s be clear, the Trump-Pence ticket is the gravest threat the LGBTQ community has ever faced in a presidential election,” said Chad Griffin, president of the Human Rights Campaign.

A coalition of leaders from reproductive rights, LGBTQ, labor, and Latino organizations joined together Friday to speak on the political and legislative records of presumptive Republican nominee Donald Trump and his newly announced running mate, Gov. Mike Pence (R-IN).

“Today Donald Trump doubled down on his hateful anti-LGBTQ agenda by choosing [as] a running mate … a man who has made attacking the rights and dignity of LGBT people a cornerstone of his political career,” said Chad Griffin, president of the Human Rights Campaign, during a press call hosted by the Hillary Clinton campaign. Speaking after news broke that Pence would join Trump’s ticket, Griffin outlined the many ways Pence had previously threatened the well-being of LGBTQ Americans, including voting against nondiscrimination efforts, signing a so-called religious freedom bill in the state, and opposing marriage equality

“Let’s be clear, the Trump-Pence ticket is the gravest threat the LGBTQ community has ever faced in a presidential election,” said Griffin.  

Ilyse Hogue, president of NARAL Pro-Choice America, said that Pence’s selection was “proof positive” that the presumptive Republican nominee was moving to surround himself with “extreme ideologues,” adding that Pence had a track record of enforcing much of the anti-choice rhetoric Trump has wielded during his run for president. 

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

“Donald Trump has promised to defund Planned Parenthood. Mike Pence actually led multiple efforts to shut down the government just so he could defund Planned Parenthood,” said Hogue. “As governor, he slashed funding for reproductive health-care clinics like Planned Parenthood to such a degree that it resulted in a public health crisis, with an uptick in HIV infections in rural areas of Indiana.”

“Donald Trump said … that he would punish women who had abortions. Under Mike Pence’s watch as governor, Purvi Patel … has been sentenced to 20 years in prison for attempting a home abortion,” continued Hogue.

“We now have two men in the race who don’t seem to get that women are half the workforce, and breadwinners in their families” said Liz Shuler, the secretary-treasurer of workers’ rights organization the AFL-CIO, in response to Pence’s selection. Shuler explained that Pence had voted against equal pay efforts such as the Paycheck Fairness Act and the Lilly Ledbetter Fair Pay Act while in the U.S. House.

Pence also repealed Indiana’s construction wage law, which set a minimum wage for workers on public construction projects, “taking money directly out of the pockets of construction workers,” said Shuler. She compared Pence’s stance on labor issues to similar positions taken by Trump, who has previously claimed wages are “too high” and supports right-to-work laws, which as Rewire has previously reported, “have had negative effects on wages, income, and access to health care for people who work in states that have seen legislators attack collective bargaining.”

Martín Garcia, director of campaigns for the Latino Victory Project, worried about a Trump-Pence ticket’s impact on “Latinos across the country.” Garcia warned that Trump’s plan to deport 11 million people would “tear families and communities apart” and that his proposed border wall could “cost taxpayers millions of dollars.” He added that such policies would be in line with Pence’s rhetoric and policymaking.

During his time in Congress, Pence co-sponsored a measure which would have changed the rules on birthright citizenship, limiting it “to children born to at least one parent who is a citizen, immigrants living permanently in the U.S., or non-citizens performing active service in the U.S. Armed Forces,” according to ABC’s Indianapolis affiliate RTV6.