Where Human Trafficking Profits: The Hostile Work Environment of Adult Entertainment Establishments

Abstract

The purpose of human trafficking is to strip a human being of their autonomy and freedom in order to force, control, and manipulate them to engage in either commercial sex acts or labor for little to no wages; and for the benefit and profit of the trafficker. As stated in King v. Hillen, the purpose of Title VII is, “to liberate the workplace, through law, from the demeaning influence of discrimination and thereby implement the goals of human dignity and economic equality in employment.” Although the application of Title VII sexual harassment may be the very last thing to come to mind as a genuine employment law claim in adult entertainment clubs; the crime of human trafficking exists within these clubs; often with the knowledge, involvement, or acquiescence of managers and owners. Because employers either condone or promote a hostile work environment for female employees, and because female victims of human trafficking are often employed in this capacity, liability for the employer can be established on the basis of Title VII sexual harassment discrimination. This article suggests that it is no longer appropriate to, “have our cake and eat it too.” If adult entertainment clubs are licensed and maintained as legitimate business establishments, then these employers must abide by all aspects of the law, and not just some. This article proposes that by holding these employers liable for the hostile work environment, it will also serve to decrease human trafficking.