Home Research Projects The Vulnerable Worker Publications Is Work Working - Discussion Paper Chapter 4

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The Vulnerable Worker

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Is Work Working? Work Laws that Do a Better Job

PART I — WORK AND VULNERABILITY TODAY

Chapter Four— Stigmatized Workers

Those whose work is seen to be of minimal moral or social value would appear to be among the most vulnerable workers. Their work often puts their well-being at extreme risk. For example, sex and skin trade workers (prostitutes and exotic dancers) often experience a high degree of exploitation and violence in their work. However, because of the legal framework surrounding their work and the attitudes of society, many of these workers are powerless to do anything about their working conditions. This situation cries out for attention. Moreover, the choice to engage in stigmatized work raises fundamental questions about the adequacy of alternatives in the low-wage economy. Nonetheless, although the choice to become an exotic dancer or to engage in any other kind of stigmatized work may be influenced by limited options in the labour market, it is by no means determined by these conditions. Some individuals choose to work as strippers simply because they like the work.

Safa Peshtar — Exotic Dancer

Safa is a 26 year-old single mother of two children. A severe learning disability made it a struggle for her to complete her education. She dropped out of school after Grade 10 and moved to Winnipeg where she worked at a series of waitress, sales and cleaning jobs. She married Roger when she was 20 and had two children. Safa was looking forward to staying at home with the two children until they were in school. However, when she and Roger split up, Safa had to rethink her plan. After a month of unsuccessful efforts to find better work, Safa returned to her job as a waitress at a local restaurant and bar. There, she earned minimum wage, but even with tips, the money was not enough to support herself and her two children.

Just as she was considering turning to social assistance, Safa met an old high school friend named Pascale. Pascale and her two-year-old daughter needed a place to live and so, to reduce the cost of her rent, Safa agreed to let Pascale and her daughter share her townhouse. Pascale worked as an exotic dancer at an upscale club in Winnipeg. She offered to help Safa get started dancing at the same club. Although initially reluctant to do a j ob she was sure her parents would disapprove of, Safa was surprised to find that it was not so bad. In fact, she really enjoyed some aspects of the work and the extra money really helped to make ends meet. Safa and Pascale worked out an arrangement so one was always available to be with the three children while the other was working at the club. The two women were pleased with the arrangement and trusted each other's ability to deal with their children.

Then, one day, Safa slipped on some water while on stage and broke her leg. It required surgery and a long recovery. That was when the wheels fell off the smoothly running operation Safa and Pascale had created. Safa was no longer able to dance and required a lot of help to look after the children, take care of the house and get to and from appointments with the lawyer, doctors, teachers, etc. She was in a great deal of pain, short-tempered and irritable. She resented looking after Pascale's daughter while Pascale worked and found it extremely difficult to cope with all three children. Finally, Pascale and her daughter moved out. As she struggled to deal with the financial stress of not having a roommate or partner, the words of the emergency-room nurse dragged her down even further: “Well, if you hadn't decided to go prancing around on a wet stage with only your high heels on you wouldn't be in this kind of pain would you!”

The Challenges of Lone Parenthood and Low-Wage Work

Safa, like many single mothers, found caring for and supporting a family while working in a low-wage job difficult to manage with the available resources. Many single mothers have difficulty finding stable jobs and, once they do find a job, they are exposed to unsuitable work conditions, low wages, long commutes and a lack of benefits. In addition, finding adequate child care for work hours that do not fit the nine to five model and may involve split shifts, on-call work, night work and overtime is difficult. The absence of a second earner poses a severe problem in those families, and the single mother is often forced to work shorter hours or to work close to schools. As a lone parent with a disability, Safa's work options were limited. Even with tips, she did not make enough money as a waitress to provide for her family.

As has been noted, not all people who choose to work as exotic dancers do so under such constrained conditions. For many, the choice to become an exotic dancer is not as heavily influenced by economic factors as it may have been for Safa. However, given that limited employment options confine many women to job choices they might not have otherwise made, it is worthwhile considering whether there are adequate supports and programs to assist women like Safa to train for other career options. Certainly, all workers who depend on their physical strength and youthfulness to earn their livelihood are in need of such programs at some point in their careers.

As government-funded programs changed or disappeared in the market-driven economy of the 1990s, training options for women virtually disappeared.⁴⁴ As a result, many low-income women now lack the assistance and support needed to train for better-paying work.

There is a wealth of knowledge and experience about training and skills development. However, putting this into practise would require a significant policy shift.

The Work Conditions of Exotic Dancers

Many exotic dancers experience a variety of work conditions that would seem, by most standards, to be barely tolerable. In addition to the various fees dancers pay, many clubs fine dancers (usually $10 to $20 per “offence”) for just about everything, including loitering in the change room, leaving the club during the shift, bringing in outside food, using drugs and refusing to perform a “super-special” or a free dance. There would appear to be no limits to the reasons for imposing a fine. If the fine is not paid, the dancer is not allowed to work in that club.⁴⁵

Dancers are exposed to numerous health and safety hazards. The unsanitary conditions of the change rooms, washrooms and other areas of the club can lead to a variety of health problems including rashes, infections and diseases. One of the biggest concerns is the stage area. A dancer's common fear is falling while on stage as did Safa. As well, other apparatus on the stage are often not properly secured or hygienic.

With the advent of lap dancing in the 1990s, interaction with clientele has become a more serious health and safety issue. Some argue that the physical contact that occurs during lap dances blurs the boundaries between stripping and prostitution giving rise to assertions that this form of exotic dance is harmful and should be banned. Others disagree. Nonetheless, although lap dancing has been banned in some municipalities, it is still performed in numerous clubs.

Aside from the specific issue of lap dancing, dancers endure constant sexual and racial harassment in their work environment. The introduction of table and lap dancing has meant that dancers are in close proximity to patrons and this has led to increased physical contact. Patrons will pinch, poke and grab dancers. Dancers will attempt to impose limits on what is and is not acceptable. However, this is sometimes difficult to do without alienating customers.⁴⁶ In addition, dancers are often harassed and propositioned by club staff members and owners.

Possibly, for moral reasons, the distaste for exotic dancing has contributed to an unwillingness to address the many labour protection issues illustrated by cases such as that of Safa. It may be that we worry that by making exotic dancing a safer occupation through appropriate regulation and enforcement, we are condoning it and making it a more attractive occupational option. Would we be participating then, in the oppression of women? On the other hand, is it an effective mechanism to constrain choice by ensuring the work remains unsafe and exploitative? If exotic dance work is going to be done regardless of whether one is in agreement with it or not, is it not more just to address the labour issues?

The question then is why not treat exotic dancing as a form of work and provide dancers with the same protections as other workers? Such a policy change would shift the emphasis to regulating the exotic dance industry, rather than the dancers themselves using employment standards, human rights, occupational health and safety, and workers' compensation laws to help improve conditions and protect rights.

Employees or Independent Contractors?

Exotic dancing, as an occupation, has undergone some of the same changes over the last two decades as experienced in other occupational areas. During the second half of the 1970s, strippers were employees of a particular establishment. For between $300 and $600 per week, they had to provide five striptease sets lasting four songs each during a six-hour shift.⁴⁷ However, the recession of the 1990s, with its high rates of unemployment, destabilized employment relations. Many women, especially those with limited professional qualifications, found themselves in the services sector, working in non-standard labour arrangements with low salaries, limited job security and poor conditions. Exotic dance workers were no exception. Since the 1970s, many workers have moved from being salaried performance artists with a guaranteed income to freelance dancers whose only source of income comes from performing for individual customers.⁴⁸

Most exotic dancers now apparently work as freelancers, which entitles them to make verbal agreements with the club. For a bar fee of between $10 and $20, they can work in the club, but must abide by house rules, stay in the bar for a minimum of four hours and perform between one and five three-song sets onstage. Some clubs also require dancers to pay a portion of their earnings from private dancing. A club may also oblige dancers to participate in occasional special events, wet T-shirt contests or beauty pageants.

Most club owners and managers characterize exotic dancers as independent contractors and not employees. If taken at face value, this means exotic dancers have the same kinds of limitations with respect to access to labour protections, rights and benefits as other self-employed workers. By classifying dancers as independent contractors, club owners avoid numerous expenses, such as CPP/QPP and Employment Insurance contributions, workers' compensation premiums, and various other payroll taxes and services. This means Safa would have difficulty accessing benefits under workers' compensation legislation in Manitoba and income support during her recovery from her accident unless she had previously paid full premiums as an independent contractor. However, as in the case of some self-employed workers, there may be good reason to challenge the classification of all exotic dancers as independent contractors.

Many freelance dancers could meet the test for employee status, because of the high degree of control exerted by club owners. However, an exotic dancer, like any other worker with minimal bargaining power, risks losing her status as a dancer at a particular club if she complains about work conditions. She also risks being labelled a troublemaker and thus, being banned from other clubs as well. Moreover, given the stigmatized nature of the work exotic dancers do, many would be unwilling to risk public exposure by complaining about their work conditions.

While strip clubs are, in fact, highly regulated work sites, the regulations often increase the vulnerability of the workers. Dancers, newly designated as “exotic entertainment parlour attendants,” can face fines or even imprisonment for not purchasing the required licence. Zoning regulations often intensify the competition among workers and further stigmatize the work they do, preventing them from challenging the imposed work conditions.⁴⁹

· Should exotic dancers receive the same kinds of labour protections, rights and benefits to which other employees are entitled?

· Are there adequate supports for dancers wanting to find other work that pays a living wage?

· What can be done to improve the work conditions of exotic dancers?

Summary

For some individuals, exotic dancing may be the best option among relatively unattractive choices. However, like most occupations, some dancers have more options, but have chosen dancing because the work appeals to them and matches their skill set. They find the work rewarding and interesting. Still others find it oppressive and dangerous.

Generally, exotic dancers put up with very difficult work conditions. They are subjected to a wide range of occupational health and safety risks, and endure violations of employment and human rights standards. The argument could be made that many, if not all exotic dancers, should have access to the full range of labour and employment protections available to other employees. However, in reality, the uncertainty of dancers' employment status, their lack of power in the workplace and the stigmatized nature of their labour means real access to these protections and benefits is almost non-existent.