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.” |  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.
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.
| 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. |  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 |
 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. |  Pictured above: Mar Brettmann, PhD, Founder and Executive Director of Businesses Ending Slavery and Trafficking (BEST) |
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. |  Pictured above: George, the world's sweetest pooch |
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