DOMESTIC VIOLENCE, HUMAN TRAFFICKING, AND WORKERS' COMPENSATION

 April 03, 2019

DOMESTIC VIOLENCE, HUMAN TRAFFICKING, AND WORKERS' COMPENSATION

Written by: Judge David Langham

Recently, Fox News reported Detective assigned to murdered 21-year-old Utah female student-athlete's case is out of job: report. The underlying issue with the college student involved her relationship, which had eroded. She felt threatened by her ex-boyfriend and contacted the police for help. Much that I have read suggests it is not uncommon for some people to be disinclined to seek police support in a variety of potentially violent situations. Victims who overcome their reservations, in some instances, have complained that they do not perceive themselves as being taken seriously by officials. Some contend that the way police react to such reporting contributes to the unwillingness or resistance to reporting. 

In this instance, the young lady student was “threatened with compromising photos,” and she contacted the police at her university campus. She received no action in response. After a second call and “seven more days” the police opened a case, and assigned it to a detective. However, that detective “was off work and never got started on the investigation” before the student was killed, allegedly by her ex-boyfriend. Some might conclude that the police did not take her pleas for help very seriously. 

A striking point of the story lies in conclusions of an “independent review of the case.” While confirming the facts noted above, it also concluded “the detective ‘lacked [the] expertise to recognize subtle indicators of domestic violence cases.’” I am confident that I too lack that expertise. When I read that, I recalled years ago working on the Professional Mediation Institute (PMI) program and needing to assure the content met the requirements for biannual mediator re-certification. That meant assuring that domestic violence training was included. Mediators in Florida are required to have domestic violence training, but lawyers and judges are not. How does that make sense?

With that story still on my mind, I ran across a report on the 2019 Florida legislative session. WWSB Sarasota reported a Bill would require hotel workers to identify, report human trafficking cases. This would legislate a requirement for “law enforcement and hotel workers to undergo training to identify and report human trafficking victims.” There are contentions that hotels are central in the victimization of people; though hotel staff may remain completely unaware, their premises may be hosting illicit and illegal activity.  

Advocates for the proposed law note that “Florida has the third highest number of human trafficking cases every year.” In other words, it is a problem here. They believe that there are Florida businesses that are “turning a blind eye to sex trafficking happening under their noses. They assert that there various “warning sign(s) and red flags.” Some might thereupon debate whether people lack the ability to spot suspicious activity, or lack the willingness to report it. 

As I considered those two stories, I recalled the national attention Robert Craft and others brought to Florida recently. With all of the allegations in east central Florida, it is notable that only one of the many arrests there involved human trafficking. The TC Palm reported How Vero Beach police landed the only human trafficking charge in recent Florida busts. 

There are now a multitude of people facing charges in connection with prostitution in this headline-garnering investigation, but only one charged with human trafficking. The police are quoted in this story: “it's very difficult to charge somebody with that." Police have struggled to determine how many trafficking victims there might be. They note that victims are moved “around constantly.” They have hopes, however, that “all the ladies involved come forward and will open up about their experience.”

The perception issue in all three of these news stories seems potentially similar. There are people in our communities that need our help. Whether they are in modern slavery or untenable relationships, they are in our midst. It seems we could all be better educated as to their plight, more so as to how we might identify them and provide assistance. 

In that regard, I question why The Florida Bar requires all lawyers to have a technology component included in their required continuing education, but not domestic violence or the broader subject of human trafficking? Might not lawyers be in a position to spot the signs of such situations? There is logic in requiring mediators to be cognizant of these implications; does that logic not apply more broadly to lawyers and judges?

This all led me to question what warning signs might one look for. For the topic of trafficking, the Polaris Project provides some tips and suggestions. Its website is focused on spotting signs or symptoms that may suggest a problem. It cautions, however, “that not all indicators will be present in all situations.” Similarly, it is possible that the indicators do not lead inevitably to the conclusion of trafficking. They are symptoms, and could mean various things, but they might lead to asking more questions.

Notable suggestions are people that both live and work "on site." Others are individuals under 18 engaging in adult acts, people being unpaid or underpaid, perhaps only through tips. Polaris notes as suspicious “excessively long and/or unusual hours,” working without breaks, or other “unusual restrictions.”
 It suggests that “high security measures” in either “the work and/or living locations,” such as covered/opaque windows, security measures such as window bars. A worker who appears to lack control or to be subject to restraints in their work or living situation generally could be suspicious. 

Polaris recommends vigilance for: workers in poor physical health, or exhibiting signs of poor hygiene, undernourishment, or fatigue; workers who exhibit poor mental health or abnormal behavior; workers mistreated by their supervisor; workers who appear fearful, anxious, submissive, tense, or nervous; workers with daily work quotas. These are merely examples. The Polaris website is much more detailed. It concludes with reminder that there is a "National Human Trafficking Hotline at 1-888-373-7888." 

Similarly, Best Health Magazine published suggestions for spotting victims of domestic violence. One is the appearance of bruises or cuts. It also suggests changes in personality, such as becoming "quieter or more withdrawn." Unwillingness to continue conversations, terminating them "suddenly when (his or) her partner appears." It says that in a more general sense, you may feel overall "unwelcome or tense when (his or) her partner is nearby.” The victim may withdraw from socializing generally, or may complain of "possessive of jealous" behavior in his/her domestic partner.

From my attendance a domestic violence segment of the PMI, I realize that the challenges of both identifying and helping a domestic violence victim are significant. The topic is more complex than the Best Health suggestions. I suspect that the challenge of spotting human trafficking victims is likewise more challenging than the Polaris website might suggest. I am not faulting either effort, merely suggesting that for us to each be effective in beginning to address these challenges; we might need to read these sites, explore other sites, and even receive express training. 

Inevitably, someone will question what this has to do with workers’ compensation. It is entirely possible that the clients, patients, litigants, and witnesses we see daily in our workers’ compensation community are victims of either. Furthermore, it is not unreasonable to conceive that some of their decisions might be guided by their circumstances rather than their best interest. This could be true of treatment decisions, litigation decisions, etc. As lawyers, doctors, case managers and more, we may see signs and symptoms that suggest someone needs help beyond the confines of a workers’ compensation injury or recovery. In fact, their circumstance might as easily impact recovery as a multitude of medical co-morbidities. 

In conclusion, it is possible that trafficking and domestic violence are not as similar as I perceive them. Never having been a victim of either, I have no independent basis upon which to express opinions. However, I see similarities between them. I see value in our community becoming more educated and aware of each of them. I perceive the potential that each exists in our communities and that there is value in good people learning more about spotting these issues. Our awareness and involvement might contribute to better addressing these societal concerns. And, on a more basic level, our understanding of someone’s plight might make us more effective in terms of delivery of care, negotiation of benefit compromise, and adjudication of disputes. 

I am encouraging us all to take the time to learn more. I am encouraging those who construct curricula for workers’ compensation continuing education to focus some of our attention on these two topics. It is possible that our awareness, our “expertise to recognize subtle indicators,” and understanding could save someone’s life, or at least facilitate someone getting help.