Human Trafficking: Regulatory Issues and Legal Obligations to Report the Crime
Jeannine LeCompte, Compliance Research Specialist
In 2003, Washington became the first state to criminalize human trafficking. Since then, every state in the Union has enacted laws establishing criminal penalties for traffickers seeking to profit from forced labor or sexual servitude. The laws vary in several ways including who is defined as a “trafficker,” the statutory elements required to prove guilt in order to obtain a conviction, and the seriousness of the criminal and financial penalties those convicted will face.
For healthcare facilities, the focus has predominately been upon two aspects of human trafficking: labor exploitation, and the obligation of frontline medical staff to report any potential instances among patients that they may spot during their day-to-day activities.
State laws regarding human trafficking include a wide variety of activities under their definition of trafficking, and these differences in definitions are critical to identifying who has criminal culpability.
Most commonly, trafficking activities are defined as the recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of exploitation, while some jurisdictions have expanded their definition of trafficking by including activities like purchasing, benefitting, or profiting. Some states have enacted measures that specifically address penalties that apply to a business entity if it is has committed, or has been used in committing, a human trafficking crime.
As of the beginning of 2020, the state of California obligates all employers in the hospitality, transportation, healthcare, and adult entertainment sectors to have training and notice postings, and it is likely that the rest of the country will follow suit.
The California legislation requires at least twenty minutes of training and education once every two years, and within six months of the employee’s hire. This training must be focused on human trafficking awareness, and include the definition of human trafficking, guidance on how to identify victims or those at risk, and the obligation to report instances of human trafficking to the appropriate agencies. These notices are also subject to specific formatting requirements and must be printed in English, Spanish, and one other language that is most widely spoken in the county where the business is located.
Already, a number of states have passed laws requiring all staff to have training in defining and identifying human trafficking and its victims. These states include Iowa, Massachusetts, New York, South Dakota, Vermont, Connecticut, Florida, Illinois, Minnesota, New Jersey, and North Dakota.
Other states have notice posting requirements: an obligation to put up specific notices outlining the potential crime and its legal consequences. Such states include Alabama, Alaska, Arkansas, Connecticut, Florida, Georgia, Hawaii, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
As many states use slightly differing definitions, each facility should ensure that they are up-to-date with current legislation.
