THE OKLAHOMA BAR JOURNAL 16 | AUGUST 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. THE TREND TOWARD EMPOWERING VICTIMS: RECOGNIZING HUMAN TRAFFICKING IN THE WORKPLACE The evolving legal landscape reflects a growing recognition that human trafficking can manifest in unexpected forms, including within seemingly ordinary workplaces. The application of the TVPA in employment contexts underscores this shift. USING THE TVPA IN PRACTICE: CASE EXAMPLES AND STRATEGIES Several recent cases illustrate the applicability of the TVPA to workplace abuse, challenging the notion that invoking this law constitutes an overreach. In Adia v. Grandeur Management, Inc., the plaintiff, a Filipino national working at an American hotel under an H-2B guestworker visa, alleged that his employer threatened to revoke his visa sponsorship when he attempted to resign due to mistreatment. This threat of deportation coerced him into continued employment. The 2nd Circuit vacated the district court’s dismissal of Mr. Adia’s TVPA claims, holding that the plaintiff plausibly stated violations of the TVPA, as the employer’s threats constituted psychological coercion through abuse of legal process.33 This case demonstrates that courts are willing to interpret “forced labor” under the TVPA to include psychological coercion and threats of legal harm in employment settings. By analogy, threats to terminate employment or damage an individual’s career unless they submit to sexual demands could similarly amount to coercion, compelling them to “provide services” – essentially, forced labor of a sexual nature. On the sexual exploitation front, the TVPA has been used in high-profile litigation against Harvey Weinstein. In Geiss v. Weinstein Company Holdings LLC, a group of women alleged that Mr. Weinstein and others engaged in a sex trafficking venture by luring aspiring actresses to hotels under false pretenses and then sexually assaulting them. The court allowed the TVPA sex trafficking claims to proceed, finding that the plaintiffs plausibly alleged that Mr. Weinstein’s conduct involved “commercial sex acts” exchanged for promised career advancement.34 The court recognized that offering professional benefits in exchange for sex, coupled with intimidation to obtain compliance, transforms what might appear to be personal misconduct into a form of sex trafficking. This reasoning applies not only to Hollywood producers but also to overreaching supervisors in various workplaces. Another recent example is Doe v. Fitzgerald, where 10 women alleged that a nightclub owner trafficked them or facilitated their abuse in connection with the broader Nygard enterprise.35 The court allowed some TVPA claims to proceed but dismissed others for failing to show a commercial sex act or the defendant’s knowledge of coercion. The case lends further support to the proposition that TVPA civil suits are becoming integral to litigation strategies in sexual abuse cases. Legal scholars have observed that employing trafficking laws in such contexts “reenvisions” gender- based abuse cases, enabling creative remedies where traditional approaches have fallen short. REBUTTING THE CRITIQUES Critics argue that extending the TVPA to cover workplace harassment blurs the line between genuine human trafficking and lesser misconduct, potentially diluting the term’s meaning.36 However, the TVPA’s stringent requirements of force, threats or coercion inherently exclude ordinary harassment. The law targets only egregious conduct. Practitioners can reassure courts that plaintiffs must still prove serious wrongdoing, such as intentional coercion, and that jury instructions in TVPA cases rigorously reflect these elements. Moreover, Congress intended the TVPA to have a broad reach in combating exploitation. As noted in Adia, the statute addresses coercion through abuse of legal processes and other subtle forms of force, not just physical restraint. The existence of a workplace relationship should not immunize exploitative conduct; rather, the inherent power imbalance is precisely what traffickers often exploit. Using the TVPA in appropriate cases supplements Title VII, providing a pathway to hold individual wrongdoers liable and obtain damages commensurate with the harm in situations where Title VII is insufficient. PRACTICAL IMPLICATIONS FOR OKLAHOMA ATTORNEYS For attorneys in Oklahoma, the emergence of TVPA civil litigation presents both opportunities and responsibilities. It is crucial to screen cases for elements indicating coercion or forced conduct. If a client’s sexual harassment narrative includes explicit threats, physical intimidation or abuse of legal or financial vulnerabilities, a TVPA claim may be viable.
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