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Judge rules for Facebook and Cognizant in lawsuit by content moderators

May 19, 2021

A lawsuit by content moderators at Facebook was dismissed by a federal judge in Florida last week, according to court records. The workers — who review graphic content, such as that depicting murder and torture, for removal from the site — had claimed they were at increased risk of developing serious mental health injuries, including post-traumatic stress disorder. The suit named both Facebook and the workers’ employer, Cognizant Technology Solutions US Corp.

Workers also claimed Cognizant concealed the danger of viewing graphic images, according to court filings. In addition, they claimed Cognizant did not conduct psychological evaluations on new hires and did not provide real counseling services to employees.

Kathryn Kimball Mizelle, US district judge in the Middle District of Florida, ruled the content moderators in Arizona did not establish jurisdiction in Florida, where the suit was filed. Other claims were dismissed with the judge finding the nature of the job was not deliberately concealed because information was reasonably accessible to the plaintiffs. Mizelle also noted the plaintiffs didn’t allege a relationship of trust that would create a duty to disclose the dangers of content moderations, and she indicated the workers didn’t allege they relied on any omissions by Cognizant when taking the jobs.

In addition, Mizelle noted the plaintiffs did not allege any physical impact from Facebook’s actions or inaction.

“We are pleased with the court’s decision to dismiss the claims brought against Cognizant in this matter,” Cognizant said in a statement to SIA. “We’ve continued to advocate for and support initiatives that will limit exposure to objectionable online content for all users, including a $5 million commitment to advance research, technology and thought leadership designed to address these issues.”

The case number is 8:20-cv-00585-210CPT.

In May 2020, The Verge reported that Facebook agreed to pay $52 million in another case involving content moderators; that case was in San Mateo County Superior Court in California.