Main Content

Lesson 03: Legal Aspects of Recruiting, Hiring, and Promotion

L03 Labor Trafficking

Labor trafficking is an issue that needs to be understood and looked out for. It is defined as:

“the recruitment, harboring, transportation, provision, or obtaining of a person’ for the purpose of obtaining his or her labor or services ‘through the use of force, fraud or coercion’ and that subjects the person ‘to involuntary servitude, peonage, debt bondage, or slavery.’”

Sectors where the practice is most common include:

  • agriculture
  • domestic help
  • traveling sales crews
  • the garment industry
  • nail salons and the beauty industry
  • janitorial services
  • the travel and service industries
  • fairs and carnivals
  • peddling and begging

Some situations also involve sex trafficking, which is more common than labor trafficking in the U.S.

Common elements of the relationships involve recruitment, false promises, indebtedness, isolation, dependence of the employer and abuse. Many workers are undocumented and fearful of reprisal if they seek help, while some enter the U.S. legally through visa programs. Typically, recruitment fees, transportation costs, charges for lodging and interest on the accumulating debt make it impossible for the victim to make headway and escape. Prosecution is difficult as there are many layers of operators across national boundaries. Describing some as fly-by-night operations would be hyperbole in their favor.

Criminal codes prohibit labor and sex trafficking: the Trafficking Victims Protection Act provides criminal penalties and civil remedies. Many organizations attempt to track and prevent human trafficking. Polaris is one. People connected with Polaris relate that good sources for tips about human trafficking are cabbies and hotel workers – those in a position to observe the movement of young people under conditions that are abnormal.  Resolution is elusive so long as there are countries where people are without opportunities and willing to accept any type of job, under any condition, to support their families.

The beneficiaries of human trafficking are participants in the private sector, and businesses must play a part. The U.S. is not among the leaders in providing people for exploitation or relying on them for services. The precise scope of the problem is unknown as the hidden nature of the crimes, challenges in identifying victims, and barriers to sharing of information among various stakeholders make it difficult to assess.

Now that we have looked into recruitment options and common issues within hiring, let’s look more into the application process itself.   


Top of page