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Employees Behaving Badly: Risks Posed by Sex Trafficking and Sex Buying

11/15/2017

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by Zelda Buck, BEST Volunteer and Alisha West, Operations Coordinator
Many attorneys receiving the invitation to BEST’s Continuing Legal Education (CLE) seminar might have wondered, “What does sex trafficking have to do with my job?” According to the distinguished panel of experts who shared their knowledge on this issue during the CLE, sex trafficking and buying are topics every in-house counsel, attorneys who advise employers, and plaintiffs’ attorneys should understand. Why? Because working professionals comprise a large percentage of sex buyers, and often use company time, resources, and property to solicit commercial sex.
King County Deputy Prosecuting Attorney, Valiant Richey, has been collecting data on this crime for many years and describes the scope of the problem as “massive.” There are an estimated 20,000-60,000 sex buyers in King County alone. Buyers can choose from over 100 websites for solicitation and, in a study conducted by Arizona State University, just one of those sites had over 6800 hits in a 24-hour time period. According to Richey, when detectives create fake ads for prostitution, on average, they receive 200-250 responses within the first two hours. “Imagine this happening in your inbox,” he said, “and then you start to understand the scope of the problem.”
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Pictured above: Valiant Richey, King County Senior Deputy Prosecuting Attorney
Unfortunately, many of these buyers, knowingly or unknowingly, solicit commercial sex from trafficked persons, including children. Richey states, “Buyers are the direct and indirect cause of the harm experienced by people in prostitution. If there were no buyers, there would be no exploitation.” Indeed, the research into this “harm” is deeply troubling. 73% of prostituted people reported being physically assaulted by a buyer, 64-83% reported being threatened with a weapon, and a majority reported being raped. And the people causing this harm are almost exclusively men, have an above average education, are usually middle to upper class, the majority are white—and most importantly to the attorneys assembled for the CLE—employed by reputable organizations in our community. Sex buying is present in employee populations across a multitude of industries.
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​John Lapham, General Counsel for Rover.com, describes the risks that this illegal activity poses for employers: civil and criminal liability, workplace culture, and company reputation are all at stake. According to Lapham, responsible employers help protect not only their own reputations, but also victims of trafficking when they strive to create an environment in which employees understand the risks of sex buying and the harm it causes to trafficked persons, families, and even the buyers themselves. Instituting appropriate policies and procedures can also be part of fostering a healthier workplace environment, where sexism and sexual harassment are not tolerated. 
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The laws in Washington State do offer some protection to employers. Christian Williams, partner at Cedar Law, shared that generally, there is no employer liability if employee conduct was intentional or criminal and outside the scope of employment. However, the employer may be liable for employee actions if an employee “combines his or her own purposes with those of an employer to any appreciable extent.” The line can be easily crossed. Consider the King County based study that found 2 pm is the peak time for soliciting sex online—this is the height of the work day. Even more concerning is that 63% of formerly prostituted individuals have reported that they met clients at their places of work. Company work trips, vehicles, and other resources can be used to facilitate commercial sex acts.
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Pictured above from left to right: Christian Williams, Partner, Cedar Law, PLLC; John Lapham, General Counsel, Rover.com; Sandip Soli, External Counsel, Washington Hospitality Association
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Pictured above: Michael Pfau, Partner, Pfau Cochran Vertetis Amala
Another concern for attorneys who advise employers is that Plantiffs' attorneys are beginning to target business that, knowingly or unknowingly, have involvement with human trafficking victims. Mike Pfau, who was recently featured in the documentary, I am Jane  Doe, shared his experiences as a Plantiffs' attorney who successfully sued a large company, ​​backpage.com, on behalf of three young women who were exploited through the website. He advised the attorneys attending to beware and be aware of this issue. Plantiffs' attorney will be bringing more civil and criminal cases against businesses that do not address this crime.​
​Thankfully, employers and employment attorneys can work together to create a safe and healthy workplace environment by crafting policies that educate employees and mitigate these risks. Lapham highlighted the different ways employers can address this issue through tactics such as providing employee trainings, creating explicit company policies regarding illegal behavior and sex buying, fostering a healthy work environment, and implementing technology-based interventions (such as blocking certain sites or content) when necessary. 
​There are also tools that can help employment attorneys better advise their clients. BEST offers a 30 minute, online training on this topic that is available and pertinent to every industry. BEST’s Executive Director, Dr, Mar Brettmann, addressed what most successful business leaders know: “the importance of setting the tone from the top in order to impact the culture of an organization.” Along with training, BEST’s Employers Alliance provides a free self-assessment tool that can help legal counsel and business leaders evaluate their current policies and procedures. These resources and more information are available at www.bestalliance.org.   
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Pictured above: Mar Brettmann, PhD, Founder and Executive Director of Businesses Ending Slavery and Trafficking (BEST)
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​The CLE training was recorded and will be available as part of BEST’s online training suite in the near future. Event speakers included: Valiant Richey, Senior Deputy Prosecuting Attorney, King County Prosecuting Attorney’s Office; John Lapham, General Counsel, Rover.com; Mike Pfau, Partner, Pfau Cochran Vertetis Amala; Sandip Soli, External Counsel, Washington Hospitality Association; Christian Williams, Partner, Cedar Law, PLLC; and Mar Brettmann, PhD, Executive Director, BEST.
​BEST would like to extend a special thanks to Rover.com for hosting this seminar at your beautiful downtown Seattle offices and providing the much needed “puppy break” after hours of discussion on such a difficult topic. Thank you also to all of the event speakers for sharing their unique expertise and experiences. Special thanks also to Storyville Coffee Company, Werxo, and Pfau Cochran Vertetis Amala. This event was made possible by your generosity.
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Pictured above: George, the world's sweetest pooch
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Project Concern International Joins the BEST Employers Alliance

11/13/2017

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We are delighted to introduce you to Project Concern International (PCI), an amazing non-profit organization that recently joined the Employers Alliance.

In March of this year, our Executive Director and Program Manager, Mar and Ngoc, delivered training to this incredible organization on the risks human trafficking can pose for employers and how to mitigate those risks through BEST Practices. As an employer of over 700 individuals and leaders, PCI quickly saw how employers can make a positive impact in decreasing labor trafficking, sex trafficking, and sex buying. Not only did they join the Employers Alliance, they are also working diligently to launch the San Diego Business Alliance Against Trafficking.

Founded in 1961, PCI is an international non-profit organization headquartered in San Diego, California. They are dedicated to empowering communities to end hunger, enhance health and overcome hardship around the world. With an annual operating budget of nearly $65 million, PCI employs over 700 staff, serving more than 10 million people annually in 16 countries across Asia, Africa, and the Americas. Since its founding, PCI has maintained a continuous presence in San Diego through its U.S. & Border Programs office, implementing a broad range of community-based activities that improve the health and well-being of vulnerable populations on both sides of the border.

PCI directly addresses the problem of human trafficking through its gender equality and prevention programming in San Diego County, including:

  • Youth Empowerment and Education- PCI’s Girls Only! program is designed to promote self-esteem, develop life skills and inspire positive motivation in girls, aged 8 - 15, who are at risk of commercial sexual exploitation. (Watch this two-minute video to learn more: http://ow.ly/ajMY30ecLkR).  PCI is expanding its youth programming to include boys starting in January 2018. Activities and curriculum will focus on respect, integrity, self-worth, and gender equality as well as addressing social attitudes harmful to young males. Both programs aim to build the resilience of vulnerable San Diego youth through the provision of mentoring, peer support, and coping skills within a safe and trusted environment. 
  • Demand Reduction- PCI is a collaborative partner of the CEASE Network, which represents 12 cities dedicated to fighting the demand for illegal commercial sex throughout the U.S. Each city is dedicated to innovating, testing and sharing strategies with a proven impact on deterring people from buying sex.
  • Public Awareness- PCI conducts “Human Trafficking 101” trainings to broaden community awareness of the issue and increase the number of sex and labor trafficking victims who are identified and rescued. The curriculum builds the capacity of community-based organizations (i.e. clinics, churches, and nonprofits) to identify victims and refer them to the appropriate resources.

We feel lucky to have found a partner like PCI. They have not only committed to implementing policies in their workplace to prevent trafficking, but are also leading the effort to ensure that employers in their area have the same opportunity. Welcome to the Employers Alliance, PCI!
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For more information on PCI, please visit their website www.pciglobal.org. To learn more about their efforts to address human trafficking (and to check out their virtual reality video on the Girls Only! program), visit https://www.pciglobal.org/human-trafficking/. If you’re in the San Diego area and would like to join the San Diego Business Alliance Against Trafficking, learn more about PCI’s anti-trafficking work, or find out how you can support their efforts, please contact Bianca Morales-Egan at bmorales-egan@pciglobal.org or (612) 805-8043.

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