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Week 2: Legal Aspects of Recruiting, Hiring, and Promotion

Labor Trafficking

Labor trafficking 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 uses of force, fraud, or coercion 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 and 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. 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 in detection and deterrence. 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.


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