Judge Carl J. Nichols of the US District Court for the District of Columbia has dismissed claims against prominent technology companies Apple, Google, Tesla, Dell and Microsoft related to child labor. The lawsuit concerned the role of these companies in cobalt mining operations in the Democratic Republic of the Congo. A class of child laborers harmed by those mining operations and their relatives brought suit against these companies under the Trafficking Victims Protection Reauthorization Act, a 2013 law that allows trafficking victims to sue perpetrators in US courts.
The lawsuit alleged that the named companies each bought cobalt from a Belgian company called Umicore or a Chinese company called Huayou Cobalt, both of which refine cobalt produced by local suppliers, who in turn supplement their mining operations with cobalt mined by so-called artisanal miners. Artisanal miners are generally informal operations of Congolese nationals, who operate without safety equipment and use rudimentary tools. Child labor is a common practice among artisanal miners.
Judge Nichols dismissed the complaint against these companies on Tuesday because of the long chain of connections between them and the child laborers. The lawsuit did not name any intermediaries, only the purchasers of refined cobalt. Moreover, the types of abuses, described by Judge Nichols as tragic, are not claims under the Trafficking Victims Protection Reauthorization Act. Plaintiffs argued that the companies were liable because they formed a venture with the miners. The court found that these companies merely participated in the global cobalt supply chain, and the plaintiffs did not allege any specific action connected with the cobalt mining companies. Moreover, the plaintiffs did not claim that they were forced to work under threat of serious harm, a requirement under the Act.
FAQs
A federal appeals court in the US on 5 March dismissed a suit against five major tech companies over cobalt-mining deaths of children in the Democratic Republic of Congo (DRC).
Does Tesla use child labor for cobalt? ›
US court sides with Apple, Tesla, other tech companies over child labor in Africa. March 5 (Reuters) - A federal appeals court on Tuesday refused to hold five major technology companies liable over their alleged support for the use of child labor in cobalt mining operations in the Democratic Republic of the Congo.
What is the cobalt lawsuit in Congo? ›
The US Court of Appeals for the District of Columbia Circuit dismissed a child labor case Tuesday against technology companies and refused to hold them accountable for their alleged support of the use of children in cobalt mining in the Democratic Republic of Congo (DRC).
Does Dell use child labor? ›
Protecting the most vulnerable
Dell does not tolerate any form of forced, bonded, or child labor at any step in our supply chain. Our Vulnerable Worker Policy is designed to protect workers, and explicitly ban behaviors that may indicate a risk of human trafficking (including forced or bonded labor) or child labor.
When was child labor abolished in the US? ›
It was not until 1938 that Congress finally passed a child labor law (Fair Labor Standards Act, or FLSA) that would later be upheld by the Court.
Is lithium mined with child labor? ›
Cobalt, a key input to lithium-ion batteries, is often mined with child labor. With enormous volumes of cobalt shipped to China from the Democratic Republic of the Congo (DRC), electronic products around the world are at risk of being linked to labor abuse.
Does Tesla use cobalt from Congo? ›
The automaker's 2022 impact report says that the company visited cobalt mine sites in the Democratic Republic of Congo last November and “reviewed grievances from NGOs and academic studies related to working conditions.” The company also says it removed 12 cobalt suppliers and 29 nickel suppliers “due to supply chain ...
Does Apple buy cobalt from the Congo? ›
A year later, Apple announced it would stop buying cobalt mined by hand in Congo while the mines continued to deal with problems with child labor and harsh work conditions. This was at the same time when it was revealed that 40,000 children work daily in the mines, according to a.
Who owns most of the cobalt mines in Congo? ›
Fully four-fifths of the world's cobalt is buried under the ground in the Democratic Republic of the Congo (“DRC”) and the mining and refining of the mineral is dominated by Chinese companies.
Is Apple being sued for child labor? ›
A federal appeals court on Tuesday threw out a lawsuit that sought to hold Apple, Google, Tesla and other major tech companies liable for their alleged use of child labor to mine cobalt in the Democratic Republic of Congo.
Samsung has a zero-tolerance policy against 'child'(as defined below) labor as prohibited by international standards and relevant national laws and regulations in all stages of its global operations.
Does H&M use child labor? ›
A ban on forced labor and child labor
We take a zero-tolerance approach to both forced labor and child labor. All suppliers working for us must sign and comply with our strict anti-forced-labor and anti-child-labor policies. In 2022, we identified 0 cases of child labor.
Who banned child labor in the US? ›
The most sweeping federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act of 1938 (FLSA), which came into force during the Franklin D. Roosevelt administration.
Are child labor laws federal or state? ›
Both Federal and State laws govern the employment of young workers and when both are applicable, the law with the stricter standard must be obeyed.
Is child labor still legal in the US? ›
Federal child labor law generally prohibits the employment of minors in nonagricultural occupations under the age of 14, restricts the hours and types of work that can be performed by minors under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation.
Where does Tesla get cobalt from? ›
Tesla and other companies aren't directly buying cobalt from small mines, but they're getting it indirectly, according to the study. While their main source is large industrial operations, such as those run by Glencore, intermediaries are selling ASM cobalt to larger producers, Posner said.
Does Tesla support child Labour? ›
Child labour and the employment of children below the minimum legal age is strictly forbidden at Tesla.
Where is cobalt mined child Labour? ›
More than half of the world's supply of cobalt comes from the DRC, where children like Kamb and his brother work in hazardous and life-threatening conditions in the artisanal mining sector.
Is Tesla going cobalt free? ›
Electric vehicle maker Tesla equipped almost half of the EVs manufactured in the first quarter of 2022 with nickel and cobalt-free lithium iron phosphate, or LFP, batteries, it said in its first-quarter results presentation April 20.
