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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformpurposes, but pretty much you could function independently.- female off-street out-call sex workerMany of these considerations will be discussed in more detail in the sections to follow. The opinionsexpressed show that sex workers have varied needs and interests, in which case law reforms must allowfor various kinds of sex work organization, and extend employment protections to those who chooseto work in some form of employer-employee relationship.Not only is there a great deal of variation among workers’ views of the type of work arrangementthey prefer, but also it is apparent that many workers move in and out of different sectors of theindustry. Several sex workers described how they would change the location and type of venue theyworked in depending on their circumstances at the time. Several participants had worked at the streetlevel, as independent escorts, and as employees in massage parlours and escort agencies at differenttimes. Many described this flexibility as contributing to their sense of autonomy and control overtheir work. One business owner and former sex worker remarked that it is important to have a rangeof organizational models so that sex workers are given options and choices.A. I think if you had a system, where you aren’t forced to work in a particular model,you will see what works, because you’ll see – people will gravitate to the most equitableform of working. Like the system that you have in Vancouver, people go whereit works best for them. In some trades it does work like that. I mean, you can work asa carpenter, you can work independently, you can start your own business, you cango and work for a restoration company that deals with buyers. . . . You can go andattach yourself to Home Depot. Right?- female massage parlour owner, former sex workerThe following discussion of employment and labour standards will be set out in two parts. First, basedon the data which shows that many sex workers wish to have legal “employee” status, the analysiswill look at the various statutory benefits and protections set out in the ESA and LRC, and whetherthese protections would adequately serve the needs of sex workers. The second part of the discussionconsiders the circumstances of sex workers who wish to remain as independent contractors and whatprotections are available to them in that context.Employees and employment standardsHiring employeesWhen asked about hiring practices, sex workers raised a number of concerns. The ESA contains severalprovisions that aim to protect workers in the hiring process. Sex workers were asked what kind of employmentprotections they would like.Hiring practicesThe ESA contains several provisions that pertain to hiring practices. Section 8 states that anemployer must not make false representations in order to induce, influence, or persuade a personto become an employee. Section 10 prohibits charging a fee for hiring or providing information tosomeone about the nature of the employment.Sex workers described facing particular challenges when applying for jobs in the sex industry.Employers who described their own hiring practices, some of which appear to constitute clearbreaches of human rights and employment standards, provided further evidence of the challengesfaced by sex workers and their employers. The following escort business owner described her hiringprocess and the fact that being physically “appealing” is an occupational requirement:Q. What kinds of hiring practices do you think are fair and reasonable for this profession?85