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Second Circuit
Elizabeth Saylor Richard Blum Sumani Lanka
Human Trafficking Legal Center Outten & Golden LLP
The Legal Aid Society filed an amicus brief at the Second Circuit to argue that a district court properly enjoined forced arbitration in a labor trafficking case where a nursing staffing agency used an exploitative employment contract to coerce forced labor, in violation of the Trafficking Victims Protection Reauthorization Act (TVPRA). Forced arbitration plays an integral role in furthering labor trafficking schemes. Exploitative contracts are used both as a weapon, with built in threats of serious financial harm, and as a shield to attempt to avoid any accountability under the TVPRA. As is our clients’ experience, they increasingly rely on forced arbitration clauses to instill fear and to ensure that any disputes will be resolved secretly.