Global supply chain accountability shifts toward forced labor litigation

Legal and regulatory frameworks are evolving to hold corporations accountable for forced labor within their global supply chains. While the Alien Tort Statute (ATS) has seen its utility limited by recent Supreme Court decisions, such as Cisco Sys., Inc. v. Doe, legal focus has shifted toward the Trafficking Victims Protection Reauthorization Act (TVPRA).

The TVPRA allows for liability against entities that benefit from ventures involving forced labor, provided they knew or should have known of the violations. This includes services obtained through physical restraint, threats of serious harm, or the abuse of legal processes. Recent judicial developments, including rulings from the Ninth Circuit, continue to shape the boundaries of civil liability for these offenses.

Beyond litigation, the governance of anti-trafficking efforts has expanded over the last 25 years to include corporate social initiatives, transparency legislation, human rights due diligence laws, and import bans. However, experts note that the rising influence of corporate power within these regulatory spaces may impact the effectiveness of interventions intended to protect workers and reform exploitative business practices.