Human trafficking is the act of compelling a person to engage in sexual acts or forced labor. Human trafficking includes migrant or child labor and can occur in any industry, including agriculture, construction, domestic work, hospitality and manufacturing. Human trafficking is widespread, and its effects extend to the Grand Valley.

Employers play a crucial role in combating human trafficking in inadvertently facilitating or preventing crimes in their workplaces.

The Trafficking Victims Protection Act prohibits employers from engaging in or benefiting from human trafficking — including recruiting, transporting or obtaining workers through force, fraud or coercion. 

Employers must follow strict guidelines when using H-2A and H-2B visa recruiting. They must provide pamphlets informing employees of their rights. Employers also must inform employees how to contact authorities and organizations that can help them if they experience abuse or exploitation. It’s important for employers to understand the consequences of knowingly or unknowingly violating an act that provides for criminal prosecution and civil liability.

How do employers support their workforces and communities while preventing human trafficking? Here are some steps to consider:

Get to know your employees: Foster a workplace culture built on trust, openness, respect and support, making employees confident in approaching you. Prioritize understanding your workforce, particularly those in potentially vulnerable roles, like low-skilled labor and domestic work. Maintain vigilance against child labor concerns and implement measures to safeguard minors from hazardous or exploitative employment conditions. 

Follow ethical recruitment and hiring practices: Verify the identity and immigration status of new hires to prevent the use of fake documents. Use such processes as E-Verify. If you use recruitment agencies, ensure they follow legal and ethical practices and don’t engage in trafficking.

Implement training and awareness programs: Train employees — especially those in human resources, security and management positions — to recognize signs of human trafficking and respond appropriately.

Establish reporting and whistleblower protections: Establish clear and confidential reporting mechanisms for employees to report potential trafficking. Reports should be taken seriously and promptly investigated.

Know the signs: Be aware of such signs of exploitation as long hours, low wages, substandard living conditions and restrictions on freedom of movement.

Support survivors: If a case of human trafficking is discovered, provide support and resources to survivors and cooperate with law enforcement to prosecute traffickers. Information is available from the National Human Trafficking Hotline at (888) 373-7888.

Understand vulnerable populations: Vulnerable individuals include those experiencing poverty and economic hardship, runaway or unhoused youth, those in foster care and juvenile justice systems, those with substance use disorders or mental health issues, foreign workers in the United States on temporary employment-based visas and undocumented workers

When companies use background screening to vet job candidates, they should be prepared for disclosures related to potential human trafficking connections. This involves empathetic listening, confidential handling of the information, verifying its accuracy with the screening company and encouraging candidates to seek support from authorities or specialized services. Thorough documentation of disclosures and subsequent actions is important.

Human trafficking can pose serious risks to the reputation, productivity and profitability of a company. Employers must prepare to handle disclosure of human trafficking whether from current employees or those searching for employment:

Establish and maintain clear policies and procedures for background screening that cover all employees in the event human trafficking is disclosed.

Use reputable and reliable sources to conduct background checks, working with them to verify any claims of human trafficking.

Verify the identity and eligibility of all workers by checking their documents — including passports, work permits, visas or Social Security numbers.

Report any suspected or confirmed cases of human trafficking to the appropriate authorities in a timely manner.

Employers play a pivotal role in preventing human trafficking by staying informed about the issue, maintaining vigilance during hiring processes and taking proactive steps to safeguard vulnerable individuals from exploitation.