Beyond Decriminalization: Sex-work, Human Rights and a New ...

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PIVOT LEGAL SOCIETY106Q. For street-level or for . . .A. For both.Q. What else? What other kind of training?A. How to diffuse a client. How to know when a client is going to blow his top. Likeknowing what are things that I can notice and then how do I diffuse the situation.A. What are the precautions.A. How to handle like additional services because I know when I worked for an out callagency they have no interest in teaching you how to handle when a guy wants morethan what he’s paying for already. Do you know what I mean? If you go in there anddo everything for 200 bucks then they get known as the agency with the girl who doeseverything.A. So basically I’m kinda looking at how teaching the girls how to handle oh, okay, sothat would be this much then.Q. Who should develop the training program?A. Sex workers.- female off-street out-call sex workersThe ESA, particularly in combination with the OHSR, can provide important protections for sexworkers, not only in terms of emphasizing to employers the importance of training but also inrequiring employers to pay for certain types of training programs.Employer record keepingAny form of regulation of the sex industry raises serious privacy issues in an industry where manyof the workers and clients have an interest in remaining anonymous. Sex workers pointed out thatone advantage of allowing the industry to continue to operate as it currently does, as a “quasi-legal”entity, is that it affords a relatively high degree of confidentiality. A disadvantage of gaining access tothe protections that employment regulation may have to offer is that it may make workers and clientsmore visible to government authorities.The level to which employers are expected to maintain records of their employees and staffunder the ESA and WCA is an example of such a privacy issue. When an employer registers withthe Workers’ Compensation Board and is considered to be an employer under the ESA, he or she isobligated to maintain records of his or her employees, including: the employee’s name; date of birth;occupation; telephone number; residential address; each employee’s wage rate; hours worked by eachemployee on each day and a number of other facts. By contrast, in a quasi-legal environment, businesscan be carried out with little or no record of the worker’s name or record of transactions. Projectparticipants were concerned that such records might be disclosed to government or to the public:Q. What about maintaining records regarding employees?A. Probably not, no.A. No.Q. What should they be? And who should maintain them? Who should enforce them?A. No, no, no, no, no.A. . . . there’d have to be a record if the government got involved just like any governmentagency.A. Yeah, the regular stuff; name, age, yada yada.Q. What should be kept on record then?A. SIN Card. SIN.A. Just your basic personal information.A. And your medical.A. Yeah, that’s it.
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformA. Your name, who cares how old you are? I mean, come on.A. Nothing more than any other agency, like work.A. Exactly.- female street-level sex workersSeveral sex workers felt that businesses in the sex industry should be subject to the same rules thatapply to other workplaces, but not any additional or special government monitoring:Q. And then we talked about the dating service. And, how we have to give the name,address and description of everyone employed in the business, to the inspector. Andwhat do people think about that?A. And we said – We said something about giving out that information on the employeesand not the clients.A. Why – Why does it have to so uniquely arranged? Like if I am an employer and Ilist all my employees, why do I have to supply that to the inspector? Why do I have tosupply that to do sex work? Like – Like I have this disease?A. With your Social Insurance Number, that should be covered.A. Exactly. They can find out everything that they need to find out, by your social insurancenumber. The inspector could find you that way if he wanted to.A. Oh, how would they? The list of employees, though. Why should they have to submit alist of the employees, other businesses do not have to.A. Right, yeah. Like, that is what I am saying that it is not just a disclosure and theycome in to check you out, you have to submit and you have to keep it up-to-date. Youhave to tell them, Oh we have hired this girl and she is blonde. The police can comein and check that out.A. And this is how she looked like; blonde hair, blue eyes . . .A. It’s for the safety of the staff. Like I did not understand that it was disclosure. Ithought that it was information that was available upon request.A. Oh.A. I think that’s an accurate way to look at it. Not disclosure but the information shouldbe just available on file at the workplace.- female off-street out-call sex workersSome project participants felt that maintaining a record of employees and clients was an importantsafety measure:Q. Okay and what about the social escort service and maintaining the list of offeredemployees and customers?A. Yes.A. Definitely should, for the safety of the women.- female street-level sex workersSome project participants felt that any records that are maintained by an employer should beconfidential:Q. Should there be rules about what the employer can do with that information?A. It would all be confidential.A. Ya and kept confidential. Only the employer and the employee need to know.- male street-level sex workersEnsuring that any new legislation does not require business owners to maintain a record of clientnames will be necessary to protect the integrity of the industry. This is also an important consider-107
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