Tech Giants Try to Dismiss Lawsuit Accusing Them of Child Labor Violation

August 27, 2020 by Tom Ramstack
Tech Giants Try to Dismiss Lawsuit Accusing Them of Child Labor Violation

WASHINGTON — Some of America’s technology giants are trying to get a federal judge to dismiss a lawsuit accusing them of promoting the use of children to mine cobalt for their lithium-ion batteries.

Apple, Google, Microsoft, Dell and Tesla said in their motion to dismiss this week that they cannot control the cobalt mines in the Congo.

While they condemned child labor, they said the cobalt is so intermingled with other chemicals when they receive their imported products, they cannot trace it back to the mines where it originated.

Plaintiffs in the class action lawsuit include parents of children killed in tunnel or wall collapses in the Democratic Republic of the Congo. Other plaintiffs are children who were injured in mining accidents.

“Ad hoc civil litigation in U.S. courts is not an effective vehicle for addressing the broad, systemic problems that plaintiffs allege led to their injuries,” the companies said in their motion to dismiss. “Instead, those issues are better addressed by policymakers in Congress and the executive branch in cooperation with civil society, industry groups and foreign governments.”

Lithium-ion batteries are commonly used for hand-held electronics and electric vehicles because they are rechargeable and can hold stored electricity better than other kinds of portable power sources.

They are credited with helping to propel mobile electronic devices and vehicles into major industries.

The joint court filing from the five companies said they “strongly condemn” the child labor conditions mentioned in the class action lawsuit but that their global supply chain is far removed from any direct influence over them.

They said their policies seek to end forced and child labor in their supply chain. They also have contributed financially to human rights activists and whistleblowers who identify and report violations of international labor rights.

The lawsuit was filed by anonymous plaintiffs listed by names such as John Doe and Jane Doe. They want their lawsuit to represent perhaps tens of thousands of children working in Congo’s cobalt mines.

It accuses the tech giants of condoning “brutal exploitation” that is “fueled by greed, corruption and indifference to a population of powerless, starving Congolese people.”

The plaintiffs are represented by attorneys from the human rights organization International Rights Advocates.

Their lawsuit in the case of International Rights Advocates v. Apple, Microsoft, Dell, Tesla cast doubt on the companies’ claims that they were not involved in the child labor.

“Defendants know and have known for a significant period of time the reality that [the Democratic Republic of the Congo’s] cobalt mining sector is dependent upon children, with males performing the most hazardous work in the primitive cobalt mines, including tunnel digging,” the lawsuit says. “These boys are working under stone age conditions for paltry wages and at immense personal risk to provide cobalt that is essential to the so-called ‘high tech’ sector, dominated by defendants and other companies.”

Widespread use of cobalt in their products indicates they must have known about the hazardous child labor, the lawsuit says.

“…every smartphone, tablet, laptop, electric vehicle or other device containing a lithium-ion rechargeable battery requires cobalt in order to recharge,” the lawsuit says. “Put simply, the hundreds of billions of dollars generated by the defendants each year would not be possible without cobalt mined in the [Democratic Republic of the Congo].”

The lawsuit derives part of its legal authority from the U.S. Trafficking Victims Protection Reauthorization Act, which forbids a range of human trafficking that includes child labor. Participants in human trafficking ventures can face severe criminal and civil penalties.

The companies argue that a global supply chain is not a venture under terms of the law.

Apple has told CNN Business the computer company “remains deeply committed to the responsible sourcing of materials into our products.” Last year, Apple removed some chemical refiners from its supply chain that did not meet its ethical standards.

Dell has said in a statement that it “never knowingly sourced operations using any form of involuntary labor, fraudulent recruiting practices or child labor.”

Alphabet Inc., whose subsidiary is Internet giant Google, filed an additional motion this week to be removed from the lawsuit by arguing it should not be liable “only by virtue of its corporate structure.”The case is Jane Doe 1 et al. v. Apple Inc. et al., number 1:19-cv-03737, in the U.S. District Court for the District of Columbia.

A+
a-
  • Apple
  • Dell
  • Google
  • Microsoft
  • Tesla
  • In The News

    Health

    Voting

    Litigation

    March 14, 2024
    by Tom Ramstack
    Jewish Group Sues UN Relief Agency Saying It Supports Hamas Terrorism

    WILMINGTON, Del. — A Jewish advocacy group sued a United Nations relief agency Wednesday in Delaware for allegedly helping Hamas... Read More

    WILMINGTON, Del. — A Jewish advocacy group sued a United Nations relief agency Wednesday in Delaware for allegedly helping Hamas in its war with Israel and the murders of Israelis and Americans. The National Jewish Advocacy Center says U.N. relief workers who were supposed to be... Read More

    New York AG Says She’ll Seize Trump’s Property if He Can’t Pay $454M Civil Fraud Debt

    NEW YORK (AP) — Donald Trump could be at risk of losing some of his prized properties if he can’t... Read More

    NEW YORK (AP) — Donald Trump could be at risk of losing some of his prized properties if he can’t pay his staggering New York civil fraud penalty. With interest, he owes the state nearly $454 million — and the amount is going up $87,502 each day until... Read More

    February 16, 2024
    by Tom Ramstack
    Environmentalists Sue EPA for Data on Health Risks of Forever Chemicals

    WASHINGTON — Environmentalists sued the Environmental Protection Agency this week in federal court in Washington, D.C., seeking information about health... Read More

    WASHINGTON — Environmentalists sued the Environmental Protection Agency this week in federal court in Washington, D.C., seeking information about health risks from forever chemicals in fluorinated plastic containers. The two groups that sued accuse the EPA of withholding information about PFAS. They are called forever chemicals... Read More

    February 6, 2024
    by Dan McCue
    DC Appellate Court Rejects Trump's Immunity Claim

    WASHINGTON — A court of appeals in the District of Columbia has rejected former President Donald Trump’s claim that he... Read More

    WASHINGTON — A court of appeals in the District of Columbia has rejected former President Donald Trump’s claim that he is immune from prosecution for allegedly interfering in the 2020 presidential election. In a unanimous, 57-page ruling, a three-judge panel of the U.S. Circuit Court of... Read More

    February 1, 2024
    by Tom Ramstack
    Trump Lawsuit Over Steele Dossier Dismissed by Judge in London

    LONDON, U.K. — A judge in London dismissed a lawsuit Thursday that former President Donald Trump filed against the British... Read More

    LONDON, U.K. — A judge in London dismissed a lawsuit Thursday that former President Donald Trump filed against the British intelligence agent who wrote the "Steele Dossier" describing his questionable links to the Russian government. Trump’s lawsuit called the accusations lies that hurt his reputation. Judge... Read More

    January 31, 2024
    by Dan McCue
    Couple Claims ‘Healthy’ Snack Left Children With Lead Poisoning

    HICKORY, N.C. — A North Carolina couple claimed in court that the manufacturer of a fruit puree they bought as... Read More

    HICKORY, N.C. — A North Carolina couple claimed in court that the manufacturer of a fruit puree they bought as a healthy snack for their kids negligently sold products contaminated with large amounts of lead, leading to concerns the children will face life-long health issues. In... Read More

    News From The Well
    scroll top