On June 29, 1988, the Supreme Court reached a decision in United States v. Kozminski , reversing a trial court ruling that Robert Fulmer and Louis Molitoris, two individuals with intellectual disabilities, experienced “involuntary servitude.” Despite the respondents using coercive measures, including “denial of pay, subjection to substandard living conditions, and isolation from others” to exploit labor, the Supreme Court unanimously ruled involuntary servitude does not include labor compelled through psychological coercion. This decision and the limitations it imposed on cases of forced labor and exploitation led to the Trafficking Victims Protection Act (TVPA) of 2000, a landmark anti-trafficking legislation that expanded the definition of human trafficking to ensure more people are protected.
This and other cases demonstrate how individuals with disabilities can be at increased risk of human trafficking. They may rely on others—caregivers, family members, friends—to navigate their daily lives. Traffickers can exploit this dependence by grooming people in their care, normalizing unequal power dynamics and abusive relationships, and threatening to withhold or steal necessary resources, including government-issued benefits. People with disabilities may lack access to social support networks and crucial protective factors, including education and employment opportunities, because of cultural stigmas and biases or inadequate accommodation. Taking advantage of this social and economic exclusion, traffickers can promise friendship or income before establishing control through isolation or threats.
The Kozminski case and the subsequent passage of the TVPA also shows how disability inclusion must play a central role in human trafficking prevention and response efforts. As we continue to integrate diversity, equity, and inclusion into our policies, programs, and initiatives, we must also incorporate and elevate accessibility to ensure individuals with a range of disabilities, including those both visible and invisible, both prior to and resulting from a trafficking experience, are protected and have access to the resources they need.
In recognition of International Day of Persons with Disabilities , here are some strategies to center accessibility when serving individuals with disabilities impacted by human trafficking. These strategies and resources are not listed in order of importance; rather, they intersect with, complement, and are each necessary to support the others.
Strengthen Collaboration and Engagement with People with Disabilities and Disability Organizations
Engaging individuals with disabilities, including those with lived experience in human trafficking, is crucial for ensuring accessible and equitable service provision. Creating meaningful interaction and collaboration among individuals with diverse lived experiences can help organizations create and align their mission with disability-inclusive values. This engagement also strengthens evidence-based practices, allowing organizations to better serve clients, develop and evaluate programs, identify challenges and opportunities, and achieve agency missions and mandates.
When engaging individuals with disabilities who have experienced human trafficking, it is not the responsibility of the disabled person to teach us how to appropriately engage with them; instead, preparation should be made in advance to ensure all individuals are supported. Collaboration should be sensory and physically accessible while providing space where everyone feels welcome and respected. Resources like the Employer Assistance and Resource Network on Disability Inclusion’s Disability Etiquette Strategies and the Office on Trafficking in Person’s (OTIP) Toolkit for Building Survivor-Informed Organizations help build organizational capacity for engaging individuals with disabilities and/or lived experience in human trafficking.
Internal collaboration and external partnerships with community-based disability organizations can also strengthen evidence-based programs through training and education opportunities, capacity building, and research into emerging trends and innovative solutions, as well as by giving space for diverse perspectives. Some recent examples of collaboration include the U.S. Department of Health and Human Services’ Equity Learning Sessions , the most recent of which provides information on promoting equity within populations living with disabilities, and the National Human Trafficking Hotline partnership with the National Human Trafficking & Disabilities Working Group last year to train hotline advocates on how to best support callers with a disability.
Develop Disability Literacy Training to Raise Awareness and Enhance Service Provision
Individuals with disabilities may feel uncomfortable reporting or seeking help for their trafficking experience due to a complex interplay of physical, communication, social, and attitudinal barriers . Lack of awareness and training may preclude individuals with disabilities from reporting their concerns. They may distrust service providers, law enforcement, and other professionals, either from personal experience or from being groomed by their trafficker to distrust others or may not be able to participate without accessible information or accommodation. Disability literacy training will help frontline professionals better serve individuals with disabilities who have experienced human trafficking. Establishing an organization-wide disability literacy training program will help build trust with those seeking services by strengthening disability etiquette, incorporating disability-specific considerations into screening protocols, and creating safety plans that reflect the client’s unique needs.
In addition to OTIP’s foundational training on providing trauma-informed and culturally and linguistically appropriate services, the Office for Victims of Crime (OVC) offers training on Supporting Crime Victims with Disabilities , which helps users understand applicable laws and reporting requirements; overcome situational, personal, and communication challenges; and foster multidisciplinary collaboration. Partnerships can be helpful when developing disability literacy training. OVC recently awarded $500,000 to the Vera Institute of Justice to partner with the International Organization for Adolescents to develop online training to build and enhance law enforcement’s knowledge of and response to individuals with disabilities who have experienced human trafficking.
Provide Accessible Services and Resources Reflective of Diverse Needs
When individuals with disabilities experience human trafficking, they must have access to services and resources inclusive of their needs. Disability is not limited to one experience, and centering accessibility in service provision requires acknowledging both the diversity of abilities and the diversity of disabilities—physical, cognitive or intellectual, sensory, developmental, emotional, and others. Establishing strong disability-inclusion programs means ensuring accessibility and accommodation in many forms, from accessible parking spaces, elevators, and closed captioning to ASL interpreters, assistive communication devices, and environments that are adaptive to the needs of individuals with service animals. Following Universal Design principles and Americans with Disabilities Act (ADA) guidance will ensure services and resources are equitable, flexible, and intuitive by considering a range of abilities, experiences, preferences, and skills.
All resources, both physical and digital, should account for and be inclusive of diverse communicative needs. Using plain language in addition to translation services will help ensure individuals with disabilities can understand and use information. Accessible digital content, including content for social media , should be 508 compliant, remediated for screen readers, use alternative text, and include subtitles. Any communication, either verbal or written, should avoid words or phrases that are harmful or offensive. Using diversity-inclusive language will ensure everyone is respected and reduce the stigmas that put individuals with disabilities at risk for human trafficking. View the ADA National Network’s Guidelines for Writing About People with Disabilities and the United Nation’s Disability-Inclusive Communications Guidelines (PDF) to ensure services and resources are respectful and responsive to diverse communication needs.
Visit the HHS Administration for Community Living’s Disability Information and Access Line to connect with local community resources that support independent living. For more disability inclusion strategies to support individuals with disabilities who have experienced human trafficking, visit the Centers for Disease Control and Prevention’s Disability Inclusion resources and communications toolkit for promoting disability inclusion and accessibility.