Owners Beware: Hotels Face Increased Brand and Liability Risks for Human Trafficking

By William Shepherd Partner, Holland & Knight LLP | April 15, 2018

In February of this year, Marriott's CEO, Arne Sorenson, took the courageous step of highlighting the human trafficking dangers that exist within the hotel industry. He referred to the story a Marriott employee who, when presented with the situation of two suspicious men in the company of a 12-year old boy, did not stand by idly. Instead, she reached out to her supervisor and together they alerted authorities.

As it turns out, the boy had been missing for three days. The hotel employee's quick thinking was the only thing that prevented an awful situation from becoming even worse.

Sorenson told this success story both to draw attention to the dangers of human trafficking and to also illustrate the steps that his company was undertaking to combat the issue. First and foremost, Marriott has developed a training program to educate all new associates on human trafficking. Secondly, the company has implemented anti-human trafficking policies, so that all employees know what the company protocol is for dealing with potential human trafficking.

Marriott's affirmative steps put it in line with the growing national and international trend toward requiring companies to weed out trafficking from both their own businesses and along their supply chains. This article traces that trend and points out how these various laws apply to the hotel industry.

Domestic Laws

The most recent legislative effort to hold businesses, including hotels, accountable for the actions of third-party traffickers is the Fight Online Sex Traffickers Act (FOSTA). The Senate passed FOSTA in March and it now awaits the President's signature. FOSTA would make it illegal to, either knowingly or with reckless disregard, support, assist, or facilitate sex trafficking. While FOSTA's primary focus is to target websites that permit sex ads, ultimately, its reckless disregard standard could apply to hotels that turn a blind eye to trafficking that occurs within their facilities. Consequently, if a hotel does not train or otherwise educate their employees on how to handle human trafficking, it might find itself liable under FOSTA.

Choose a Social Network!

The social network you are looking for is not available.

Close

Hotel Newswire Headlines Feed  

Coming up in December 2018...

Hotel Law: New Administration - New Policies

In a business as large as a hotel and in a field as broad as the law, there are innumerable legal issues which affect every area of a hotel's operation. For a hotel, the primary legal focus includes their restaurant, bar, meeting, convention and spa areas of their business, as well as employee relations. Hotels are also expected to protect their guests from criminal harm and to ensure the confidentiality of their personal identity information. These are a few of the daily legal matters hotels are concerned with, but on a national scale, there are also a number of pressing issues that the industry at large must address. For example, with a new presidential administration, there could be new policies on minimum wage and overtime rules, and a revised standard for determining joint employer status. There could also be legal issues surrounding new immigration policies like the H-2B guest-worker program (used by some hotels and resorts for seasonal staffing), as well as the uncertain legal status of some employees who fall under the DACA program. There are also major legal implications surrounding the online gaming industry. With the growing popularity of internet gambling and daily fantasy sports betting, more traditional resort casinos are also seeking the legal right to offer online gambling. Finally, the legal status of home-sharing companies like Airbnb continues to make news. Local jurisdictions are still trying to determine how to regulate the short-term apartment rental market, and the outcome will have consequences for the hotel industry. The December issue of Hotel Business Review will examine these and other critical issues pertaining to hotel law and how some companies are adapting to them.