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A group of former Facebook content moderators in Kenya has filed a lawsuit against Meta, the platform’s parent company, and two outsourcing firms, Sama and Majorel, over what they allege to be unlawful layoffs and retaliatory practices. Supported by Foxglove, a tech justice nonprofit, the 43 ex-employees claim they were dismissed unfairly under Kenyan law.
The case stems from January 2023, when Sama announced the layoff of 260 content moderators at its Nairobi office. The move followed a TIME investigation that revealed poor working conditions, low pay, and allegations of union-busting at Sama’s Nairobi hub. Former employees say Meta’s content moderation work wasn’t eliminated but outsourced to Majorel, a different firm reportedly offering worse pay and conditions.
Foxglove claims that some of the laid-off workers reapplied for positions at Majorel but were allegedly blacklisted. Recruiters reportedly told them they were instructed not to hire former Sama employees, suggesting retaliation for their previous union activities.
The lawsuit, filed in Kenya’s Employment and Labour Relations Court, seeks to halt the layoff process, protect the remaining Sama workers’ jobs, and secure compensation for emotional and financial distress caused by the dismissals. The plaintiffs also demand that Meta, Sama, and Majorel formally recognize the right of moderators to unionize.
“This is a union-busting operation masquerading as a mass redundancy,” said Cori Crider, co-director of Foxglove. “Switching suppliers and banning recruiters from hiring workers who stood up for better conditions is discriminatory and unlawful.”
Sama, which began moderating Facebook content in 2019, has since shifted its focus to computer vision data annotation. The company stated that the decision to discontinue its moderation services was difficult but necessary. Meta declined to comment, and Majorel did not respond to requests for a statement.
This is not the first time Meta and Sama have faced legal action in Kenya. Last year, former Sama moderator Daniel Motaung filed a lawsuit alleging unlawful dismissal for organizing a union. Despite Meta’s argument that Kenyan courts lack jurisdiction over the case, a judge ruled that the company could be sued in Kenya.
As this new legal battle unfolds, the spotlight remains on the tech giant’s treatment of its global workforce and the ethical responsibilities of outsourcing firms.