"Understanding Hotel Liability for Trafficking Liability Under TVPRA"
In an article published in Hotel Executive on June 9, Shubhra Mashelkar and Sarah Unatin discussed the legal exposure of human trafficking concerns within the hospitality industry, offering guidance on how businesses can navigate the complex landscape of trafficking liability. Under the 2003 amendments to the Trafficking Victims Protection Reauthorization Act (TVPRA), survivors gained the right to file civil suits against both traffickers and third parties alleged to have knowingly facilitated or profited from trafficking ventures.
As cases unfold, understanding the liability implications for the hospitality industry is crucial to mitigating risk. Mashelkar discusses beneficiary provisions to be aware of, navigating corporate accountability, digital evidence and third-party business that traffickers exploit for their operations.
“While the law does not impose a general duty to prevent trafficking, companies can reduce their legal risk by implementing clear policies, employee training, and reporting mechanisms to identify and respond to potential trafficking activity,” explains Mashelkar. “As litigation continues to evolve, staying ahead of legal developments and ensuring compliance with existing regulations will be critical in mitigating liability.”
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