A US federal judge in Colorado on Thursday ruled that Filipino workers can proceed with forced labor claims against US-based construction companies that oversaw FIFA World Cup stadium projects in Qatar.
Writing for the US District Court of Colorado, Magistrate Judge Cyrus Chung ruled that under 18 US Code § 1595 and § 1596, US federal courts have “extra-territorial jurisdiction” over underlying trafficking offenses. However, the ruling clarified that for extraterritorial application, direct violators of the underlying criminal statutes must have US nationality, permanent residence, or presence. This requirement led to the dismissal of some human trafficking claims because the complaint alleges that “Qatari employers in Qatar” were responsible for the trafficking.
Forced labor claims will be allowed to proceed, however, against the Colorado-based company CH2M and the Texas-based company Jacobs Engineering. The court asserted personal jurisdiction over the Texas-based Jacobs Engineering through the doctrine of specific jurisdiction, which allows a court to exercise jurisdiction over a corporation without violating due process because the company’s activity within the area of the court’s jurisdiction satisfies the requirement of minimum contacts.
In the lawsuit, FC. v. Jacobs Solutions Inc., dozens of Filipino workers are suing American companies and international subsidiaries under the Trafficking Victims Protection Reauthorization Act (TVPRA). The plaintiffs claim that after arriving in Qatar, their passports were confiscated and they were forced to work excessive hours while being housed in inhumane conditions under the kafala sponsorship system. The kafala system involves binding migrant workers to a specific employer throughout their period of residence, and is widely used in several Middle Eastern countries despite criticism from human rights watch groups.
Thursday’s ruling clarifies an important legal framework for the extraterritorial reach of US anti-trafficking laws. The court’s decision will allow claims likely worth millions of dollars to proceed, setting a significant precedent for corporate liability in overseas labor abuse cases. This marks the latest development in the ongoing controversy surrounding human rights abuses related to the 2022 World Cup.
