The US Equal Employment Opportunity Commission (EEOC) announced on July 27, 2023, that it has added a new section on human trafficking to its Youth@Work webpage to help young workers, employers, educators, parents, and others identify signs of human trafficking and understand when human trafficking may violate the laws that the EEOC enforces.
The section includes tips for staying safe in the workplace, examples of EEOC lawsuits involving human trafficking, and links to other resources to assist people who believe that they or others may have been trafficked. The EEOC has provided this update as part of the US government’s National Action Plan to Combat Human Trafficking.
“Now, at the height of summer, when more youth are working than any other time of year, this information is imperative for young people who may not yet know their rights,” said EEOC Chair Charlotte A. Burrows. “We hope these expanded Youth@Work resources will help young workers stay safe when accepting jobs and understand how to avoid human trafficking in the workplace.”
Compliance Perspective
Issue
Anti-discrimination laws enforced by the EEOC, particularly those prohibiting discrimination on the bases of race, national origin, sex, including sexual harassment, and disability, are an integral part of the fight against human trafficking. When force, fraud, or coercion are used to compel labor or exploit workers, traffickers and employers may be violating not only criminal laws but also the anti-discrimination laws enforced by the EEOC. Whether or not a criminal trafficking prosecution is pursued in a particular case, civil enforcement and litigation of anti-discrimination laws can be important to vindicating federally protected rights and obtaining remedies for victims. Most nursing facilities are facing a nursing shortage and seek outside resources for additional staff. It is highly recommended that employment contracts be reviewed by an attorney who is knowledgeable in the Trafficking Victims Protection Act and the Fair Labor Standards Act (FLSA). A violation of the Federal Trafficking Victims Protection Act can be punishable by fines and imprisonment. It is important that all healthcare workers can identify signs that someone may be involved in a trafficking situation, whether employee or resident. Any resident who may have been a victim of human trafficking should be assessed for trauma, and trauma-informed care approaches should be implemented as appropriate.
Discussion Points
- Review your policies and procedures for employment contracts, if applicable. Ensure that the FLSA and Trafficking Victims Protection Act requirements are met. Update as needed.
- Train all staff on your policies and procedures for employment contracts. Also provide training to applicable employees on the FLSA and the Trafficking Victims Protection Act. Document that these trainings occurred and file the signed documents in each employee’s individual education file. A program titled Human Trafficking is available in Med-Net Academy Prime on our website that is designed to help staff understand the gravity of the topic and the most common signs that help identify potential victims.
- Periodically audit your hiring protocols and employment contracts to ensure that there are no violations of the FLSA or the Trafficking Victims Act. Some states require by law the reporting of human trafficking situations, so familiarize yourself with the mandates for reporting in your state. A National Human Trafficking Hotline is available at 1-888-373-7888.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
