The Trafficking Victims Protection Reauthorization Act (“TVPRA”) has emerged as a powerful legal mechanism in civil litigation, with its scope now extending well beyond direct perpetrators of human trafficking. Under Section 1595(a) of TVPRA, victims can sue an individual or entity who “knowingly benefits, financially or by receiving anything of value, from participation in a venture” which that person or entity should have known engaged in trafficking.
Historically, Section 1595 was applied almost exclusively to the traffickers or individuals directly involved in the exploitation. However, recent litigation demonstrates a shift toward holding companies liable even when they were not directly engaged in trafficking, did not employ the victim, and had no direct contact with the trafficker. The Courts have generally interpreted “knowingly benefit” broadly, and companies are increasingly being held liable for failure to implement proper training and preventative measures. These risks are now significant for employers across a range of industries, including hospitality, agriculture, manufacturing, healthcare, and retail.
Recent cases illustrate the breadth of industries now facing exposure. In the hospitality sector, plaintiffs have filed numerous suits against national hotel chains, including Red Roof Inn, Motel 6, and Choice Hotels, alleging that staff observed clear signs of trafficking but failed to act, that corporate management ignored warnings, and that the companies profited from continued room rentals to traffickers. In agriculture and food supply chains, companies such as Bumble Bee Foods have been accused of benefiting from forced labor in overseas supplier operations. Within healthcare, staffing agencies and long-term care providers like Conexus MedStaff and Pruitt Health have faced allegations of exploitative recruitment practices and abusive working conditions for foreign healthcare workers. Even retailers with indirect links to trafficking through their suppliers have found themselves defendants in TVPRA lawsuits.
The implications for employers are substantial. Litigation risk has increased due to the expansion of the statute. Employers should respond by strengthening compliance and risk management protocols. Supply chain oversight should go beyond cursory questionnaires to include unannounced audits and worker interviews. Contracts with suppliers and vendors should contain robust anti-trafficking clauses, mandatory compliance certifications, and termination rights for violations. Employee training, particularly for frontline staff in industries like hospitality, should emphasize how to recognize and report trafficking indicators, supported by anonymous reporting channels and clear incident escalation procedures. Organizations should also review insurance coverage to identify and address potential gaps.