AFT Resolution

Defending The Rights Of Internationally Educated Health Professionals

WHEREAS, the AFT represents nurses and other healthcare professionals from a wide variety of countries working in the U.S.; and

WHEREAS, the U.S. healthcare system has frequently turned to recruitment of health professionals from other countries to fill vacant positions; and

WHEREAS, during the current staffing crisis, many hospitals and other employers have resumed and increased such efforts; and

WHEREAS, internationally educated health professionals work alongside their U.S.-educated colleagues in delivering patient care services; and

WHEREAS, in some instances, these health professionals are employed by recruitment agencies for multiyear contracts, rather than being hired directly by the hospitals in which they are working, which leaves them outside of union bargaining units and thus without the benefits, pay and protections of collective bargaining agreements; and

WHEREAS, some employers have not equitably accounted for internationally educated health professionals’ prior experience in determining step placement; and

WHEREAS, internationally educated health professionals have at times faced abusive and exploitative conditions, including high damages for terminating contracts, payment of substandard wages, and intimidation for speaking out against such practices, and some have successfully challenged such practices in federal court[1] and through state attorney general offices;[2] and

WHEREAS, many employers fail to provide needed orientation to assist in adapting to their new environments and healthcare practices; and

WHEREAS, the Alliance for Ethical International Recruitment Practices has issued a Health Care Code for Ethical International Recruitment and Employment Practices[3] based on principles that include:

  • Recruiter and employer accountability;
  • Freedom from discrimination and retaliation;
  • The right to receive a contract with fair terms and to give informed consent;
  • The right to move freely without economic coercion;
  • The right to access justice;
  • The right to freedom of association and collective bargaining;
  • The right to receive support for clinical and cultural integration; and
  • Respect for sending [source] countries:

RESOLVED, that the AFT supports ethical and equitable recruitment of internationally educated health professionals; and

RESOLVED, that the AFT welcomes internationally educated health professionals as colleagues in providing the best care possible for patients; and

RESOLVED, that while recognizing the rights of all health professionals to migrate, the AFT also finds that foreign recruitment is not a substitute for addressing the poor working conditions that have exacerbated the staffing crisis; and

RESOLVED, that the AFT supports efforts to ensure that recruitment efforts take into account the healthcare workforce needs of source countries; and

RESOLVED, that the AFT opposes all abusive and exploitive practices, including the use of long-term contracts with high damages for termination, payment of substandard wages, inadequate living conditions, and threats of deportation or other penalties related to advocating for better conditions; and

RESOLVED, that the AFT supports including internationally recruited health professionals as members of the bargaining unit where one exists; and

RESOLVED, that the AFT supports equitable credit for experience acquired in other countries; and

RESOLVED, that the AFT will actively seek opportunities to collaborate with organizations representing health professionals of various nationalities in order to advocate for the rights of all health professionals, regardless of country of origin or education.
 


[1] Paguirigan v. Prompt Nursing Employment Agency LLC, E.D.N.Y., No. 17-cv-1302, 6/1/21.

[2] In the Matter of the Investigation of Letitia James, Attorney General of the State of New York, of Albany Med Health Systemhttps://ag.ny.gov/sites/default/files/albany_med_aod_21-040_fully_executed_6.11.21.pdf.

[3] Alliance for Ethical International Recruitment Practices, Health Care Code for Ethical International Recruitment and Employment Practice (2023)https://www.cgfnsalliance.org/wp-content/uploads/2023/05/Alliance-Health-Care-Code-May-2023.pdf.

(2024)