Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center for Labor and Employment Law, New York University School of Law. D.C. Circuit Upholds Standing in Forced Child Labor Case, but Limits Scope of What Constitutes a 'Venture'
Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.
April 11, 2024 at 10:00 AM
8 minute read
In 2000, Congress enacted the Trafficking Victims Protection Act (TVPA) in response to the growing problem of human trafficking. The act defines human trafficking broadly as the exploitation of an individual for forced labor or a commercial sex act done under force, fraud or coercion. (Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000). Title 18 U.S.C. §§1581, 1583, 1584(a), 1589(a) and (b), 1590(a) and 1591(a) of the TVPA lay out provisions criminalizing specific human trafficking offenses: peonage, enticement into slavery, sale into involuntary servitude, forced labor, trafficking with respect to peonage, slavery, involuntary servitude, or forced labor, and sex trafficking).
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