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Gumanti!
A white manager once told me that Philippine nurses cannot successfully work in the Emergency Department because “Asian women are timid and submissive” and ED nursing requires assertion. Ignoring the racism for a moment, some of the best nurses I have worked with or managed were from other countries and educated oversees. Philippine nurses I have known are neither timid nor submissive. The Sentosa case is an example of how inaccurate that stereotype can be.
As a quick recap, Sentosa was a recruitment agency that brought health care workers to the states from the Philippines. From 2004 to 2006, 26 nurses and one Physical Therapist were brought to the U.S. and sponsored as immigrant workers. Although the nurses signed contracts with specific long-term care organizations, upon arrival they were assigned to work in different facilities. They were told that they were not employees of the individual facilities, but of Sentosa, and Sentosa would determine where they worked.
Although they were told that their nursing permits to practice had already been processed and they could start working immediately, upon arrival they were told that the applications had not been processed and they would need to work as clerks or nursing assistants for less money until the permits were issued. And although they were told that they would be paid prevailing wages, they were paid less than the staff nurses and, in some cases, less than the Department of Labor prevailing wage rates. Additionally, some nurses were not paid for actual hours worked, or were not paid shift differentials, sick pay, personal days, vacation days or holiday pay. Nor were they reimbursed for licensure fees or provided the two months of free housing they were promised. Some of the nurses were not reimbursed for their flights from Manila to New York. The nurses were not provided with the necessary orientation and training, and assignments involved unsafe nurse-patient ratios. Housing was substandard. Promised dental benefits were not provided. Hours were cut further reducing pay.
The nurses identified their concerns but management did not address them. To the contrary, Sentosa retaliated against them by filing bad faith complaints to the nursing board and civil suits for breach of contract. The nurses sought legal counsel and submitted resignation letters. They filed discrimination charges with the Office of Special Counsel for Immigration Related Unfair Employment Practices under the Department of Justice and administrative charges against Sentosa with the Philippine Overseas Employment Administration (POEA). Thomas Spota, the Suffolk County District Attorney filed criminal charges against 10 of the nurses and their lawyer, charging them with conspiracy and endangering the welfare of children and disabled persons.
The nurses prevailed with the nursing board, which closed the complaint out with no adverse findings. They also prevailed in getting the criminal charges blocked. The 2d Department held that the criminal charges violated 13th Amendment protections against involuntary servitude for the nurses and 1st Amendment protections of free speech for the attorney. The nurses turned the tables on Sentosa and filed a counterclaim for breach. Now the nurses are going after Sentosa for human trafficking. A U.S. District Judge just granted their motion to certify a class of all nurses who were recruited by Sentosa since 12/23/08.
There are many issues that need to be addressed regarding ethical recruitment practices. But a word to the wise for any predators – don’t assume Philippine women won’t fight back. They will; and they will win. And, by the way, if I am in an Emergency Room, please assign one of those timid and submissive Asian women to my care.
For more information:
- Matter of Vinluan v. Doyle, 60 AD 3d 237 https://www.leagle.com/decision/innyco20090116290
- Sentosa Care, Llc v. Anilao, 2010 NY Slip Op https://www.leagle.com/decision/innyco20100602460
- Rose Ann Paguirigan vs. Prompt Nursing Opinion and Order https://www.courtlistener.com/recap/gov.uscourts.nyed.398344/gov.uscourts.nyed.398344.72.0.pdf
- Alliance for Ethical International Recruitment Practices Case Study http://www.cgfnsalliance.org/wp-content/uploads/2014/11/CaseStudy1_Sentosa27.pdf
- Andrew Denny, Federal Judge Certifies Class of Filipino Nurses in Human Trafficking Case, New York Law Journal, September 13, 2018, https://www.law.com/newyorklawjournal/2018/09/13/federal-judge-certifies-class-of-filipino-nurses-in-human-trafficking-case/
- One of the ‘Sentosa 27’ Tells Her Story, American Journal of Nursing, June, 2010, Vol. 110, No. 6 https://download.lww.com/wolterskluwer_vitalstream_com/PermaLink/AJN/A/AJN_110_6_2010_05_10_AJN_0_SDC2.pdf
- Fact Sheet: Sentosa 27 Nurses https://iamr3.files.wordpress.com/2010/07/sentosa-fact-sheet.pdf
- Philippine Nurses Association of America http://www.mypnaa.org/
- Philippine Nurses Association Position Paper on the Sentosa Case http://www.pna-ph.org/component/attachments/download/263
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