Without Oversight, Forced Labor Can Find Its Way Into the Supply Chain
“With limited exceptions, it is illegal under the H-2A program for workers to be asked to pay fees for the privilege of getting the visa and working in the United States. But enforcement of this prohibition is virtually nonexistent.”
– Andrea Rojas, Director of Strategic Initiatives, Polaris
Data gathered by Polaris during periods between 2015 and 2020 demonstrate the severity of the issue of forced labor in the agriculture industry.
- Of the 25 types of human trafficking in the United States, agriculture is the industry with the most reported immigrant victims.
- The majority of human trafficking reports from H-2A workers came from the fresh produce industry.
- 87% of the more than 4,900 victims of labor trafficking who reported to Polaris’ Human Trafficking Hotline between January 2015 and September 2020 held H-2A or H-2B visas.
- 41% of human trafficking reports from temporary workers came from agricultural workers and the majority involved payment of recruitment fees.
The Pandemic Intensified Already Existing Problems in the Temporary Visa System
“The COVID-19 pandemic has exacerbated these systemic problems that are inherent in the temporary visa system that leave migrant workers vulnerable to trafficking and exploitation.”
– Polaris
Source: Labor Exploitation and Trafficking of Agricultural Workers During the Pandemic
A new study from Polaris found some evidence that trafficking and exploitation of essential agricultural workers may have increased during the course of the pandemic.
- Among reported labor trafficking victims during the period of analysis, there was more than a 70% increase in those who held H-2A visas.
- The proportion of reported labor trafficking victims with an H-2A visa went up significantly from approximately 11% to 25% during the pandemic.
- The proportion of likely victims of labor trafficking who held H-2A visas and experienced fraud (such as false promises or false job opportunities) during their employment went up from approximately 80% pre-pandemic to almost 100%.
- Those labor trafficking victims who reported being denied medical care increased significantly from less than 20% pre-pandemic to 34% post-pandemic.
Grower-Shippers and Labor Contractors Own the Responsibility of Ethical Recruitment
“Responsible recruitment matters to producers not just because bad practices expose them and their customers to severe commercial risks, but also because ethical recruitment results in better alignment of organizational and worker interests, improving food safety, productivity and quality.”
– Kenton Harmer, Managing Director of EFI
The Ethical Charter on Responsible Labor Practices calls for every farmworker to be treated with dignity and respect, stating that employers must not tolerate modern slavery, including debt bondage, and must perform due diligence to remove forced labor from their supply chain.
Recruitment done well not only protects the company brand but also leads to commercial advantages for grower-shippers, including the opportunity to be a preferred supplier, to be a preferred employer and to benefit from a more engaged workforce supporting increased product quality and food safety.
Buyers Are Increasingly Looking for Demonstration of Responsible Recruitment
“We are interested in doing business with suppliers who are learning to understand the complexity of the issue, and to elevate responsible recruitment practices.”
– Keith Neal, Vice President/General Merchandise Manager of Fresh Produce for Costco Wholesale
Consumers are pushing buyers to take up the issue of an ethical supply chain, including the assurance of worker rights. Even before the pandemic, buyers for small, medium and large retail outlets were moving in the direction of requiring assurance of social responsibility as a minimum standard from suppliers. In a post-pandemic world, the demand for transparency and sustainable practices will continue to increase.
Stay Ahead of Recruitment Risks with EFI’s Responsible Recruitment Scorecard
The Responsible Recruitment Scorecard is a free self-assessment tool for identifying and mitigating recruitment risks for your operation. Try it today.
More Information About EFI’s Responsible Recruitment Scorecard and Responsible Recruitment
Equitable Food Initiative Relaunches Online Responsible Recruitment Scorecard
Responsible Recruitment Webinar Recap
