Question

While living in her home country of Tanzania, Sophia Kiwanuka signed an employment contract with Anne Margareth Bakilana, a Tanzanian living in Washington, D.C. Kiwanuka traveled to the United States to work as a babysitter and maid in Bakilana’s house. When Kiwanuka arrived, Bakilana confiscated her passport, held her in isolation, and forced her to work long hours under threat of having her deported. Kiwanuka worked seven days a week without breaks and was subjected to regular verbal and psychological abuse by Bakilana. Kiwanuka filed a complaint against Bakilana for intentional infliction of emotional distress, among other claims. Bakilana argued that Kiwanuka’s complaint should be dismissed because the allegations were insufficient to show outrageous intentional conduct that resulted in severe emotional distress. If you were the judge, in whose favor would you rule? Why?

Answer 1

If I were the judge, I would definitely rule in favour of Kiwanuka since this is a clear case of mental, emotional and even physical abuse from her contractor Bakilana. Kiwanuka abused of the disadvantaged condition of Kiwanuka who was in a foreign country as a product of an employment contract between them. The employer deprived Kiwanuka from her basic and fundamental rights and even from her freedom. Psychological abuse was evident but also physical abuse as Kiwanuka was kept in isolation and forced to work endless hours no matter how it would impact in her health. Similar cases ended up with employers being fined, jailed and/or banned from hiring foreign employees in the future.