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A Seventh Circuit panel has upheld an Illinois federal court's decision to dismiss a lawsuit accusing the Salvation Army of forced labor. The plaintiffs, former participants in the Salvation Army’s rehabilitation programs, failed to prove that their work constituted forced labor, the court ruled.

Court Ruling on Salvation Army Labor Suit

On Tuesday, the panel affirmed the district court's 2022 ruling, which granted the Salvation Army's motion to dismiss under the Federal Trafficking Victims Protection Reauthorization Act. The majority opinion noted that some participants had the option to leave the programs, while others were in the program due to criminal sentences.

Participants in the Salvation Army’s programs work 40 hours per week in exchange for food, clothing, and housing. The lawsuit, filed in 2021, divided the claimants into two groups: those on parole or probation and those who voluntarily joined the program. The court found the claims of both groups insufficient.

Salvation Army Labor Suit : Judges' Rationale and Disagreement

Circuit Judges Kenneth F. Ripple and Michael Y. Scudder Jr. concluded that the Salvation Army’s refusal to provide benefits, such as food and shelter, to those who chose to leave the program did not equate to forced labor. The judges emphasized that the statute requires the defendant to have intended to cause serious harm for non-compliance, which was not evident in this case.

The judges also noted that participants referred by the justice system had different expectations regarding their freedom compared to voluntary participants. However, they acknowledged that while limitations existed, the Salvation Army could still be scrutinized for any potential abuse, provided that participants clearly outline their allegations.

Judge Jackson-Akiwumi’s Dissent

Circuit Judge Candace R. Jackson-Akiwumi disagreed, arguing that the plaintiffs had presented sufficient evidence to support their claims. She contended that the complaint’s 46 pages detailed significant threats and psychological harm, which were overlooked by the majority.

Judge Jackson-Akiwumi criticized the majority for imposing a new standard and failing to address the psychological impact of the plaintiffs’ alleged experiences.

Representatives for the Salvation Army and the plaintiffs did not immediately respond to requests for comment.

The Seventh Circuit panel included Judges Ripple, Scudder, and Jackson-Akiwumi. The plaintiffs are represented by Jennifer Bennett of Gupta Wessler LLP, while the Salvation Army is represented by Daniel W. Wolff of Crowell & Moring LLP.