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In 2009, the same year it introduced its PhotoDNA project to help automatically detect child exploitation, Microsoft began providing counseling for members of the Online Safety Team, to address a condition the company allegedly referred to as "compassion fatigue." But the complaint claims the services were inadequate.
Microsoft, according to the complaint, maintains a separate "Digital Crimes Unit" that reports child sexual abuse to law enforcement and includes employee safety protections. Such resources are not extended to the Online Safety Team because the two groups are not under the same budget, the complaint says.
Wells said Soto and Blauert have suffered serious mental anguish as a result of their exposure to graphic imagery, which their doctors have diagnosed as Post-Traumatic Stress Syndrome.
"They're horrific videos of little children being sexually mutilated and killed," said Wells. "...Henry can't look at knives, if that gives you some idea of the stuff he saw."
Trauma arising from exposure to graphic imagery has been documented in academic research. A 2009 study, "Work Exposure to Child Pornography in ICAC Task Forces and Affiliates" [PDF], found that among 511 participants in the Internet Crimes Against Children (ICAC) Task Force, 35 per cent had experienced problems arising from their exposure to child sex abuse.
Microsoft acknowledges the difficulty of the work and says that the health and safety of its employees is a top priority. "Microsoft works with the input of our employees, mental health professionals, and the latest research on robust wellness and resilience programs to ensure those who handle this material have the resources and support they need, including an individual wellness plan," the company spokesperson said. "We view it as a process, always learning and applying the newest research about what we can do to help support our employees even more."
Microsoft said it provides mandatory one-on-one and group meetings with a psychologist, quarterly psychological education training for employees and managers on recognizing trauma symptoms, and referrals to mental health professionals.
The Redmond goliath also said it provides tools to mitigate the impact of extreme imagery, such as blurring, resolution degradation and size reduction, separating audio from video tracks, and conversion to black and white. It also claims that it imposes limits on how long and where the work can be done, to blunt the psychological impact, and that it offers breaks or reassignment at employee discretion.
At the moment, Wells said, his client is not employable and has been unable to get disability coverage. The complaint states that worker compensation claims based on mental disabilities caused by stress are excluded from coverage under the law.
Blauert is in the process of settling a damage claim over disability benefits with insurance company Prudential. That settlement has been delayed while the litigation with Microsoft remains unresolved.
The case against Microsoft seeks not only damages for psychological trauma, but changes to Microsoft's work environment that would make it more safe for employees.
"The evidence shows that they went through a lot of managers, some of whom refused to review content," said Wells. "And other employees had problems."
The complaint says that Microsoft's upper management refused to watch a presentation about Online Safety because "they asserted it could affect their 'business judgement'." ®