Forced Labor is one of the most pervasive human rights violations in the world, affecting millions of people. It restricts people’s fundamental human rights, including the rights to personal freedom, dignity, and safe working conditions. Many cases of forced labor remain hidden because victims may fear retaliation and may not know their rights; as a result, many cases of forced labor are never reported. Understanding what constitutes forced labor and how to recognize it can help reduce its prevalence by recognizing the signs and supporting prevention efforts.
The Common Signs of Forced Labor
Forced labor is when someone knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means.
- By means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person; [1]
- By means of serious harm or threats of serious harm to that person or another person; [1]
- By means of the abuse or threatened abuse of law or legal processes; [1]
- By means of a scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint. [1]
The signs of forced labor are often subtle and can easily go unnoticed. Because forced labor can take many different forms, it is important to understand the most common warning signs while recognizing that no two situations are exactly alike. Being aware of these indicators can help individuals identify potential cases of forced labor and respond appropriately when concerns arise.
- Worker is not free to leave the premises. [2]
- Worker lives at the business. [2]
- The worker is transported to the location by the owner or manager, and all workers arrive and leave at the same time. [2]
- Worker has excessively long and/or unusual hours or is always available on demand. [2]
- Worker owes a large debt that is continually increasing and cannot be paid off. [2]
- Workplace has high security features such as opaque windows, bars, and locks outside doors. [2]
- Worker seems to be deferring to another person before giving information, avoids eye contact, or isn’t allowed to speak. [2]
- Goods or services are priced below general market rates. [2]
- Someone else controls the worker’s identification documents and finances. [2]
Common Industries Where Forced Labor Occurs.
Labor exploitation can occur across a wide range of industries and occupations, particularly in environments where workers are isolated, vulnerable, or lack legal protections. While forced labor exists in many sectors, domestic work (including cooking, cleaning, childcare, and caregiving performed in private households) is one of the most common settings for labor exploitation in the US. Jobs that often take place behind closed doors with limited oversight can make workers prone to a greater risk of abuse and coercion. [3]
Note: Data provided is U.S. Domestic labor trafficking by sector.
- Domestic Work – 20%
- Restaurant/Food Service – 9%
- Construction – 8%
- Agriculture – 6%
- Illicit Activities – 5%
- Other (Retail, Hospitality, Housekeeping, etc.) – 52% [3]
Outside of the U.S., forced labor remains a significant global issue. The U.S. Department of Labor’s (DOL) List of Goods Produced by Child Labor or Forced Labor identifies 204 goods from 82 countries using child labor, forced labor, or both. [3]
A great challenge in addressing forced labor is the complexity of modern supply chains. Ambiguous supply chains create an environment where forced labor is often hidden, making it difficult for people and companies involved in these chains to understand or even know about it. Many of the goods linked to forced labor are either raw materials or subcomponents of finished products. For example, materials at the beginning of a supply chain, like cotton textiles used for shoes, may pass through multiple manufacturers and countries before becoming their final products sold to consumers, making their origins difficult to trace.
Examples of different suppliers goods may pass through include:
- Raw Material Sourcing – Referred to by industry as “tier3” suppliers, the initial harvesting and preparation of raw materials is often manual-labor-intensive and dangerous, as laborers can be exposed to harsh chemicals. [3]
- Component/Sub-Assembly – “Tier 2” suppliers perform component and sub-assembly manufacturing and often use materials from multiple tier 3 suppliers. [3]
- Final Assembly/Finished Product – The “Tier 1” supplier assembles the components/sub-assemblies into a finished product. The use of forced labor in this stage is lower, although it still exists. [3]
Who is Vulnerable to Labor Trafficking?
Labor trafficking can happen to anyone, but factors such as socioeconomic status, linguistic skills, and familiarity with legal systems can increase workers’ vulnerability to exploitation in forced labor situations.
People who are vulnerable to labor trafficking include, but are not limited to, those who fall into the following categories;
- Poverty: Economic hardship increases vulnerability to trafficking because the need to survive or provide for one’s family can lead individuals to accept offers that may seem legitimate but turn out to be exploitative. [4]
- Inequality & Discrimination: The lack of equal opportunities for migrants or members of certain minority groups means that these groups may have fewer rights and options and therefore be vulnerable to exploitation and abuse. Some individuals may believe they are not entitled to the same rights or protections as others [4]
- Lack of legal/immigration status: People with no legal status are often fearful of authorities and are less likely to report abuse. [4]
- Homelessness/destitution: Those who are homeless are often targeted by traffickers because they may be attracted by the promise of work and accommodation. [4]
- Illness & Disability: Physical or mental illness and disability can increase vulnerability because those exploited may be more dependent upon others, have a reduced capacity to make judgments, or be physically vulnerable. [4]
- Religious & cultural beliefs: Religious and cultural beliefs and practices may influence the ways individuals perceive their situation. Individuals may believe that their situation is out of their control or may believe that their exploitation is deserved. [4]
- Emotional/romantic relationships: The responsibility of providing for family members is often a driving factor in accepting exploitative working situations.
- Language barriers: Migrant workers who do not speak English are often isolated and may become dependent on others due to the inability to communicate. [4]
A variety of factors can increase a person’s vulnerability to forced labor, including the actions of individuals, organizations, and corporations. In some industries, complex employment structures and long subcontracting chains can make it unclear who is ultimately responsible for workers’ rights and well-being. This lack of transparency may leave employees unsure of where to report concerns or seek help if they experience exploitation. Understanding these risk factors is an important step in recognizing and preventing forced labor. [4]
Factors that shape vulnerability to labor exploitation:
- Long employment chains
- Bogus self-employment
- Lack of knowledge of rights
- Lack of worker organization
- Lack of access to rights [4]
Forced Labor in Texas
Most of the trafficking in Texas is labor trafficking. According to a 2016 study done by the University of Texas School of Social Work, there are approximately 313,000 trafficking victims in Texas, and of those, about 234,000 have been subjected to labor trafficking. Because there is less awareness of labor trafficking, there are also fewer resources and services available to labor trafficking survivors. This impacts survivors’ ability to leave their situation and can leave them vulnerable to being trafficked again. [5]
Labor Trafficking Resources
- National Human Trafficking Hotline: Call: 1-888-373-7888, Text: 233733 (BEFREE).
- U.S. Department of Labor: Provides information on workers’ rights and where to find help if someone is experiencing exploitation.
- Wage and Hour Division: Helps workers recover unpaid wages and address labor law violations. Complaint Line: 1-866-487-9243
Texas has become a hub for labor and sexual exploitation due to its major interstates and airports, a large number of sexually oriented businesses, and an international border. Many individual trafficking victims are brought to the state and forced to work against their will. Sex trafficking is a form of human trafficking in which a person is recruited, harbored, transported, provided, obtained, patronized, or solicited for a commercial sex act through force, fraud, or coercion. Texas has implemented resources and organizations for people affected by sex trafficking, such as Texas Health and Human Services, National Human Trafficking Hotline, and Texas Office of the Attorney General Human Trafficking section. [5]
Legal Action
Federal prosecutors in the United States handle approximately 200 forced labor and human trafficking cases each year. These cases are prosecuted under the Trafficking Victims Protection Act (TVPA), which makes it a federal crime and prohibits obtaining labor services through force, fraud, or coercion. The TVPA serves as a critical tool for protecting victims and holding traffickers accountable. [6]
Notable forced-labor prosecutions in the United States demonstrate that labor trafficking can occur in many different industries and settings. These cases highlight the diverse methods traffickers use to exploit workers and underscore the importance of recognizing the warning signs of forced labor. [6]
Notable Forced Labor Prosecution Cases:
- A federal jury convicted a Virginia couple of forced labor, document servitude, and related trafficking crimes after they forced a relative to work long hours at a gas station. [7]
- Restaurant Forced Labor: A federal court sentenced a defendant who forced a worker to work 100+ hours per week, receive no overtime pay, remain under coercive control for years, and the court ordered restitution under the Trafficking Victims Protection Act. [8]
- Filipino guest worker forced labor scheme: Two business owners were convicted for recruiting foreign workers with false promises, charging recruitment debt, threatening deportation and legal consequences, and confiscating wages and controlling movement. [9]
- Thai Agricultural forced labor: Defendants plead guilty to holding workers in debt bondage, using threats of physical restraint, and preventing workers from leaving employment. [10]
Outcomes in Federal Civil Forced Labor and Trafficking Cases
In October 2003, Congress passed the Trafficking Victims Reauthorization Act (TVPRA), allowing survivors of human trafficking to seek civil damages against their traffickers in federal court.
As of June 28, 2022, nearly 43% of all trafficking cases filed on or before December 31, 2021, resulted in judgments in favor of the plaintiffs (48 cases) or public settlements (182 cases). 7% of the cases ended with involuntary dismissals or judgments for the defendant (36 cases). While fewer than 6% of cases filed were closed or dismissed without prejudice (32 cases). Less than 1% were remanded to state courts. [11]
Among forced labor civil cases, 44% resulted in judgments for plaintiffs (11 cases) or public settlements (161 cases). An additional 15% (58 cases) were voluntarily dismissed, 6% of cases ended in involuntary dismissals, and 7% (26 cases) were dismissed without prejudice, allowing plaintiffs to refile. [11]
Understanding what forced labor is, its signs, who is vulnerable, and the legal remedies available can help people stay informed about an ongoing and prevalent issue in our society today. Increasing awareness around forced labor can help victims and allow them to find avenues of support, information, and better understand legal processes to hold the people and organizations contributing to the rise in forced labor accountable.
Written by:
Garrison Kelly
Law Clerk
GUERRA LLP
875 East Ashby Place, Suite 1200
San Antonio, Texas 78212
Phone: (210) 447-0500
Frank Guerra
Board Certified – Personal Injury Law
Texas Board of Legal Specialization
GUERRA LLP
875 East Ashby Place, Suite 1200
San Antonio, Texas 78212
Phone: (210) 447-0500
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[1] https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title18-section1589&num=0&edition=prelim
[2] https://www.texasattorneygeneral.gov/human-trafficking-section/signs-trafficking/red-flags-labor-trafficking
[3]https://www.dhs.gov/blue-campaign/forced-labor-united-states
[4]https://labourexploitation.org/app/uploads/2016/05/Vulnerabilities-to-trafficking_final.pdf
[5]https://mosaicservices.org/who-we-serve/trafficking-survivors
[6]https://www.progressivepolicy.org/the-u-s-prosecutes-about-200-cases-of-forced-labor-and-human-trafficking-a-year/
[7]https://www.justice.gov/archives/opa/pr/virginia-man-and-woman-convicted-forced-labor-gas-station-and-convenience-store-multiple?utm
[8]https://law.justia.com/cases/federal/appellate-courts/ca4/19-4903/19-4903-2021-04-21.html?utm
[9]https://www.justice.gov/archives/opa/pr/florida-couple-sentenced-forced-labor-conspiracy-exploit-filipino-guest-workers?utm
[10]https://www.justice.gov/archives/opa/pr/two-brothers-plead-guilty-conspiracy-hold-thai-workers-forced-labor-hawaii
[11]https://htlegalcenter.org/wp-content/uploads/Civil-Litigation-2021-Data-Update.pdf
