Forced Labor: What is it and who is affected?

On Behalf of | Jul 24, 2024 | Employee Rights

Forced labor is a federal crime and occurs when individuals are compelled against their will to provide work or service using force, fraud or coercion.  This crime happens both in the United States and overseas. Victims may have trouble seeking help due to language barriers, or they may physically be unable to leave the premises to seek help if their movements are restricted and monitored by their employer.

In the United States, the Trafficking Victims Protection Act of 2000 (TVPA) defines labor trafficking as: “The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subject to involuntary servitude, peonage, debt bondage or slavery.”

What Does it Look Like?

Labor traffickers use violence, threats, lies, and other forms of coercion to force people to work against their will in many industries. Forced labor indicators often intersect and overlap. Some signs may be more subtle than others.

Forced labor could begin during the worker’s recruitment process by forcing the acceptance of a job, deceiving the worker into an exploitative job, or creating a situation of debt bondage by charging recruitment fees that are virtually impossible for the workers to repay. Once the person is working, an employer may also force, defraud, or coerce the victim to perform work not agreed to at the time of recruitment. A worker may agree to do a job, finding the conditions are not what were expected and agreed upon, but be prevented from leaving the job by their employer.

Who is Affected 

Victims can be any age, race, religious affiliation, gender identity, or nationality. They may also come from any socioeconomic group. Certain risk factors, however, may make certain individuals more vulnerable to forced labor than others. These include:

  • Unstable immigration status
  • Language barriers
  • Poverty and lack of basic needs like food, shelter, and safety
  • The psychological effects of a recent or past trauma
  • Lack of social support systems like friends, family, and community
  • Physical or developmental disabilities

Despite the misconception that most forced labor victims are in the United States illegally, a study by the National Institute of Justice found that 71% of those experiencing forced labor in the United States entered the country on lawful H-2A and H-2B visas.

In 2020, The National Human Trafficking Hotline listed the following job sectors with the most forced labor:

  • Domestic Work
  • Agriculture
  • Construction
  • Illicit Activities
  • Traveling Sales Crews
  • Other (restaurant/food service, hospitality, etc.)

If you believe you are in a forced labor situation or know of somebody who might be, contact Kessler Matura at 1-888-831-8615 or at [email protected]

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