Religious Group May Have Violated Child Labor Laws – The Provincetown Independent

Report on Alleged Child Labor Violations and Sustainable Development Goal Implications

Introduction: Legal Action and SDG Context

A federal lawsuit has been initiated by Oliver Ortolani, age 18, against the Community of Jesus (COJ), an Orleans-based religious organization. The allegations center on forced child labor, unsafe working conditions, and educational deprivation, bringing into sharp focus critical issues addressed by the United Nations Sustainable Development Goals (SDGs), particularly SDG 8 (Decent Work and Economic Growth), SDG 16 (Peace, Justice and Strong Institutions), and SDG 4 (Quality Education).

Violations of Decent Work and Child Protection (SDG 8 & SDG 16)

Forced Child Labor Allegations

The lawsuit alleges that the COJ and its affiliates engaged in practices that contravene SDG Target 8.7, which calls for the immediate eradication of forced labor and the worst forms of child labor. The plaintiff claims he and other children were compelled to perform construction work under the guise of a volunteer “summer program.”

• Oliver Ortolani began working at the construction site at age 12.
• Workdays allegedly lasted between 9 to 16 hours without pay.
• Other former residents have corroborated claims of unpaid labor for the organization.
• The plaintiff’s brother, Jake Ortolani, confirmed starting work before age 16, often late at night and using heavy machinery.

Unsafe Working Environments and Health Risks (SDG 3 & SDG 8)

The reported conditions at the worksite represent a severe departure from SDG Target 8.8, which advocates for safe and secure working environments for all workers. The allegations also raise concerns under SDG 3 (Good Health and Well-being) due to the significant physical risks posed to children.

1. Hazardous Equipment: Children allegedly used power tools and operated boom and scissor lifts at heights exceeding 40 feet.
2. Near-Miss Incidents: The lawsuit details multiple dangerous events, including a misfired nail gun striking a hard hat and a crate of scrap metal nearly falling on children below.
3. Lack of Supervision: The site was reportedly staffed largely by inexperienced adults and children, increasing the risk of injury.

Social media posts and videos from COJ-affiliated nonprofit Arts Empowering Life (AEL) appear to corroborate the presence of children on the construction site, some near heavy equipment like cement mixers.

Institutional Failures and Access to Justice (SDG 16)

Legal Framework and Illegality of Waivers

The case highlights challenges related to SDG 16, which aims to promote the rule of law and ensure access to justice. The COJ’s defense relies on liability waivers, which legal experts assert are illegal under Massachusetts child labor laws.

• A former deputy chief in the state Attorney General’s Fair Labor Division described the practice of forcing children to sign liability waivers as “preposterous and illegal.”
• A spokesperson for the Attorney General’s office confirmed that there is “no mechanism for a parent to exempt their child or the employer from Massachusetts child labor laws.”
• State law explicitly forbids children under 16 from working in construction and prohibits those under 18 from working at significant heights.

Oversight and Governance Deficiencies

The effectiveness of institutional oversight, a cornerstone of SDG 16, is questioned by allegations that regulatory inspections were circumvented.

• The lawsuit claims that children were hidden or removed from the worksite during inspector visits.
• Local building inspections were reportedly scheduled in advance, precluding surprise checks.
• Federal oversight from the Occupational Safety and Health Administration (OSHA) was also noted as a potential regulatory channel.

Impact on Quality Education (SDG 4)

Deprivation of Schooling

A key component of the lawsuit is the allegation that the plaintiff was deprived of schooling, a direct conflict with SDG 4, which seeks to ensure inclusive and equitable quality education for all. The extensive hours of alleged forced labor would inherently interfere with a child’s ability to attend school and receive a complete education, undermining progress toward SDG Target 4.1.

Conclusion: A Case Study in SDG Non-Compliance

The allegations against the Community of Jesus present a significant case study in the violation of fundamental principles enshrined in the Sustainable Development Goals. The reported exploitation of children for labor directly opposes goals for decent work (SDG 8), health and well-being (SDG 3), and quality education (SDG 4). Furthermore, the legal battle and questions surrounding regulatory oversight underscore the critical importance of strong, effective institutions and access to justice (SDG 16) to protect vulnerable populations and uphold the rule of law.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article highlights issues of child labor, forced labor, hazardous working conditions, deprivation of education, and the pursuit of justice through the legal system. These issues directly connect to the following Sustainable Development Goals (SDGs):

• SDG 8: Decent Work and Economic Growth

  This goal is central to the article, which focuses on violations of labor laws, specifically the use of child labor in hazardous conditions. The allegations of forced, unpaid work for children on a construction site directly contradict the principles of decent work.

• SDG 4: Quality Education

  The article mentions that the lawsuit alleges the plaintiff, Oliver Ortolani, was “deprived of schooling.” This connects the issue of child labor directly to the denial of a child’s right to education, a core component of SDG 4.

• SDG 16: Peace, Justice and Strong Institutions

  This goal is relevant as the article details a legal battle (a lawsuit in federal court) to address the alleged exploitation. It discusses the violation of state laws, the role of the Attorney General’s office, and alleged attempts to circumvent legal oversight by hiding children from inspectors, all of which relate to the rule of law and access to justice.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the article’s content, several specific targets under the identified SDGs can be identified:

• Under SDG 8: Decent Work and Economic Growth

  • Target 8.7: End child labour in all its forms by 2025.

    The entire article is about the alleged use of child labor. The lawsuit claims a “forced labor scheme” was implemented, with Oliver Ortolani starting work at age 12. The article states, “State law specifically forbids children under 16 from working in construction,” a law that was allegedly violated.

  • Target 8.8: Protect labour rights and promote safe and secure working environments for all workers.

    The article describes an unsafe working environment, with the lawsuit alleging the site was “poorly supervised and staffed, largely by inexperienced adults and children who often were put in harm’s way.” Specific examples include a “nail gun” incident and a “forklift” knocking a crate of scrap metal off a roof, nearly hitting children. Furthermore, the use of “waivers” to absolve the organization of liability for injuries is a direct attempt to undermine labor rights and protections.

• Under SDG 4: Quality Education

  • Target 4.1: Ensure that all girls and boys complete free, equitable and quality primary and secondary education.

    The allegation that Oliver Ortolani was “deprived of schooling” while being forced to work “9 to 16 hours a day” directly conflicts with this target. The long hours of labor would make attending and completing a quality secondary education impossible.

• Under SDG 16: Peace, Justice and Strong Institutions

  • Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children.

    The allegations of a “forced labor scheme” where children were made to do “grueling labor” in hazardous conditions for no pay fall squarely under the definition of child exploitation and abuse.

  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

    The filing of a lawsuit by Oliver Ortolani is an example of seeking access to justice. The article also highlights a breakdown in the rule of law, with a former deputy chief in the state Attorney General’s Fair Labor Division calling the case “egregious” and the alleged waivers “illegal in Massachusetts.” The claim that adults would “hide [Ortolani] and the other boys away” from inspectors shows a deliberate attempt to subvert legal and regulatory oversight.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The article provides specific, albeit anecdotal, information that can serve as qualitative indicators for measuring progress (or lack thereof) towards the identified targets:

• For Target 8.7 (End child labour):

  The primary indicator is the number and proportion of children engaged in child labor. The article provides concrete examples: Oliver Ortolani starting at age 12, his brother Jake starting before age 16, and a video showing a group where “most of them [were] children.” The existence of children working in a prohibited sector (construction) is a direct indicator of failure to meet this target.

• For Target 8.8 (Safe working environments):

  An indicator is the frequency of occupational injuries and the prevalence of unsafe conditions. The article doesn’t provide statistics but implies a high risk through descriptions of “near misses,” such as the nail gun incident and the falling crate of scrap metal. The fact that children were allegedly using “power tools” and working on “boom and scissor lifts over 40 feet in the air” serves as a clear indicator of an unsafe working environment, in direct violation of state law.

• For Target 4.1 (Completion of education):

  An implied indicator is the school attendance or completion rate for the children involved. The statement that Oliver was “deprived of schooling” suggests a negative outcome for this indicator, as the long hours of labor would prevent school attendance and completion.

• For Target 16.2 (End exploitation of children):

  An indicator is the number of reported cases of child exploitation. The lawsuit filed by Oliver Ortolani represents one such reported case. The article also mentions that “Other former residents of the community have confirmed that members and their children were made to do unpaid work,” suggesting the number of victims could be higher.

• For Target 16.3 (Rule of law):

  An indicator is the effectiveness of regulatory enforcement. The article implies a failure in this area, noting that inspections are “scheduled in advance” and that the plaintiff alleges children were hidden from inspectors. This suggests a lack of effective, surprising inspections that could enforce the rule of law and protect vulnerable populations.

4. Table of SDGs, Targets, and Indicators

Source: provincetownindependent.org