Victims of labor trafficking appear before state court judges in a wide range of state court proceedings including protection orders, dependency, delinquency, guardianship, child support, custody, children in need of protection, employment cases, and criminal court cases (both misdemeanors and felonies). Victims of labor trafficking may be adults, youth, or children and some may also be victims of sex trafficking. This webinar will discuss federal and state law definitions of labor trafficking, provide examples and tips to help courts identify victims, review legal remedies available for victims, and describe steps state court judges and staff can take to help labor trafficking victims. Faculty will discuss the role of the Equal Employment Opportunity Commission (EEOC), prosecutors, and judges in combating labor trafficking and connecting victims with programs that offer help to victims. By participating in this webinar participants will be able to:
- Identify victims of labor trafficking whom they encounter in court;
- Access correct information about the legal rights of labor trafficking victims under trafficking, immigration, public benefits, and labor laws;
- Provide victims with know your rights information, referrals to the EEOC and to organizations in your state that assist victims;
- Play a leadership role in your court and community by convening and working with others to hold perpetrators of labor trafficking accountable and offer help to victims; and
- Enhance access to justice for labor trafficking victims in criminal, civil, and family court proceedings.
Hosted by: The National Judicial Network, NIWAP at American University Washington College of Law, and National Council of Juvenile and Family Court Judge (NCJFCJ). If you are a judge or judicial official, please consider becoming a member of The National Judicial Network!
- Find your nearest EEOC office
- How to contact EEOC Outreach and Education Coordinators
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- EEOC’s webpage on Human Trafficking
- EEOC Combats Human Labor Trafficking
- EEOC’s U Visa Certification Procedures
- EEOC: What Should You Know Before You File a Charge
- EEOC Youth@Work: Your Job… Your Rights… Your Responsibilities
- Youth@Work Fact Sheets in English and Spanish
- Youth@Work: Your Job… Your Rights… Your Responsibilities
- Youth@Work: Sexual Harassment is Against the Law
- Fact Sheet: Immigrants’ Employment Rights under Federal Anti-Discrimination Laws
- Fact Sheet: Sexual Harassment Discrimination
- AEquitas’ website
- AEquitas webinar based on research by Colleen Owens, “A Study in Labor Trafficking: Modes, Means, and Methods of Organized Trafficking Operations”
- Human Trafficking Hotline statistics
- The Human Trafficking Legal Center
- Covenant House
- NIWAP’s Directory of Programs with Experience Serving Immigrant Victims
- William R. Tamayo, Sexual Harassment and Assault in the Workplace: A Basic Guide for Attorneys in Obtaining Relief for Victims under Federal Employment Law
- Labor Charts: U Visa Certification in Employment Based Abuse Cases
- U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates, and Other Judicial Officers
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- T Visa Application Flow Chart
- T Visa Quick Reference Guide for Judges
- T Visa Protections for Family Members
- T Visa Process Timeline with Background Checks
- USCIS and Blue Campaign, Continued Presence Temporary Immigration Designation for Victims of Human Trafficking
- Bench Card: Trafficking Victim Benefits Eligibility Process
- Trafficking Victim Benefits Under the Affordable Care Act
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- Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims
- Department of Homeland Security’s Brochure: Immigration Options for Crime Victims
- DHS, Recognizing Human Trafficking Victims in the Courtroom
- DHS Blue Campaign: What You Can Do? (Judicial)
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- Best Interest of the Child Standards by State
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- Stoll v. Runyon, 165 F.3d 1238 (9th Cir. 1999) (holding that an employee was entitled to equitable tolling because the effects of sexual harassment caused her failure to timely file complaint).
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- EEOC v. Willamette Tree Wholesale, 2010 U.S. Dist. LEXIS 97380 (D. Or. July 8, 2010) (issuing protective order barring discovery into charging party’s immigration status, prior sexual history, and reasons for not reporting rapes to the police; in view of perpetrator’s threats to kill charging party and her siblings if she reported the rapes, she had good reason not to go to the police).
- EEOC v. Willamette Tree Wholesale, 2011 WL 886402 (D. Or. Mar. 14, 2011) (denying motion seeking partial summary judgment on timeliness grounds where court granted “equitable tolling” to allow lawsuit to go forward where charging party filed her EEOC charge 62 days past the deadline because charging party was so traumatized by the repeated rapes and threats to kill her and her family that she could not come forward to complain).
- Colleen Owens et al., Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States, URB. INST. (Oct. 2014), https://www.urban.org/sites/default/files/publication/33821/413249-Understanding-the-Organization-Operation-and-Victimization-Process-of-Labor-Trafficking-in-the-United-States.PDF.
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- Jane Anderson & Daniel Strong, Forced Criminality: Understanding Human Trafficking through the Lens of Utah’s Victor Rax Case, POLICE CHIEF MAG. (Nov. 2020), https://aequitasresource.org/wp-content/uploads/2021/05/Forced-Criminality-Through-the-Lens-of-the-Victor-Rax-Case.pdf.
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- Laura Murphy, Labor and Sex Trafficking Among Homeless Youth: A Ten City Study (2017), https://nspn.memberclicks.net/assets/docs/NSPN/labor%20and%20sex%20trafficking%20among%20homeless%20youth.pdf.
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**If you have trouble accessing this source, please contact us for technical assistance at email@example.com