Human Trafficking Policy

Summary

Employers can use this template to establish an anti-human trafficking/anti-slavery policy. The policy informs employees of the employer's concerns regarding human trafficking and other forms of human exploitation that may occur in the course of business and how to properly report such occurrences in suspected cases. This template includes practical guidance, drafting notes, and alternate and optional clauses. Human trafficking is a global crime affecting individuals and businesses worldwide. The term "human trafficking" is the act of compelling a person to engage in sexual acts or forced labor. The U.S. passed the Trafficking Victims Protection Act (TVPA) of 2000, Pub. L. No. 106- 386 (18 U.S.C. §§ 1581-1597), which was the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution. Employers should alert their employees to be aware of human trafficking, not only in hiring workers, but also when selecting their contractors, with careful focus on their supply chains. Human trafficking can exist in many ways: sexual exploitation, labor exploitation, and criminal activities. This may include forced begging or cannabis cultivation. The TVPA was modified in 2017 by the Trafficking Victims Protection Reauthorization Act of 2017 (Pub. L. No. 106-386). That law contains provisions that improved the U.S. government's global efforts to combat trafficking in persons, modified the criteria for how the U.S. determines if countries are meeting minimum standards for the elimination of human trafficking, and identified actions the U.S. can take against countries that fail to meet these standards. Many companies have issued public policy statements, committing their leadership to respecting human rights, which includes eradicating human trafficking. This template policy when adopted by employers and distributed to employees will alert employees to identify and report human trafficking and slavery that they observe or suspect in the course of their employment. For further discussions, see EEOC, Human Trafficking; Nicole Fleury, OFFERING A CARROT TO COMPLEMENT THE STICK: PROVIDING POSITIVE INCENTIVES IN PUBLIC PROCUREMENT FRAMEWORKS TO COMBAT HUMAN TRAFFICKING, 48 Pub. Cont. L.J. 397 (2017); Marley Weiss, HUMAN TRAFFICKING AND FORCED LABOR: A PRIMER, 31 ABA Journal Lab. & Emp. Law 1 (2015); U.S. Dep't of State, Human Trafficking; and Galit Sarfaty, Shining Light on Global Supply Chains, 56 Harv. Int'l L.J. 419 (2015).