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Amazon Lawsuit: PPE Failure During Pandemic | Worker Safety

November 12, 2020
Amazon Lawsuit: PPE Failure During Pandemic | Worker Safety

Christian Smalls, a former employee of Amazon’s warehouse operations, has initiated legal action against the company, asserting that Amazon did not supply adequate personal protective equipment to its Black and Latinx workforce during the COVID-19 pandemic.

The legal complaint, filed as a class action, claims Amazon failed to sufficiently safeguard its warehouse personnel and contravened aspects of New York City’s human rights legislation, in addition to both federal and state statutes.

“I dedicated myself to Amazon as a committed employee, only to be abruptly dismissed and disregarded when I advocated for Amazon to protect its workforce from COVID-19,” Smalls stated. “My request was simply for Amazon to provide essential protective gear and maintain a sanitized work environment.”

Amazon refrained from direct commentary regarding the lawsuit but affirmed its support for its Black employees, customers, and partners.

“Amazon is dedicated to being the most customer-focused company globally, and this commitment is fundamental to our efforts in diversity and inclusion,” explained Amazon spokesperson Lisa Levandowski to TechCrunch. “Teams with diverse backgrounds enable us to generate more innovative ideas regarding the products and services we develop for our customers, as well as the daily operations of our workplace – this principle is emphasized in our 14 Leadership Principles, which encourage team members to value diverse viewpoints, remain inquisitive, and consistently build trust.”

The lawsuit is supported by Rev. Jesse Jackson, who expressed his solidarity with Smalls and fellow Amazon warehouse workers.

“The COVID-19 pandemic has had a disproportionate impact on Black and Brown communities in numerous ways, from workplaces to correctional facilities,” Rev. Jackson said in a statement. “It is a hidden threat that is endangering our communities. Chris’ situation exemplifies how corporate self-interest and a lack of empathy can expose communities to significant and avoidable dangers.”

Smalls was terminated from his position at Amazon in March following his organization of a work stoppage at a company fulfillment center located in Staten Island. Consequently, the New York State Attorney General is investigating whether Amazon violated federal worker safety regulations and New York state’s laws protecting whistleblowers through the dismissal of Smalls.

Smalls’ dismissal served as a catalyst for other warehouse workers, leading to the formation of an international organization dedicated to advocating for improvements within Amazon’s warehouses. Organizers identified concerns about employer retaliation as a key factor in the establishment of Amazon Workers International. Simultaneously, Amazon leadership reportedly discussed strategies to discredit Smalls and position him as the central figure in the organizing efforts.

An Amazon spokesperson previously communicated to TechCrunch that the company did not terminate Smalls due to his involvement in organizing a protest. Instead, Amazon stated the termination was a result of “jeopardizing the health and safety of others and breaches of his employment terms.”

“Mr. Smalls received multiple warnings for non-compliance with social distancing protocols,” the spokesperson stated. “He also had close contact with an associate who had a confirmed case of COVID-19 and was instructed to remain home with pay for a period of 14 days, a practice we are implementing at facilities worldwide. Despite this directive to stay home with pay, he reported to the site, further increasing the risk to the teams.”

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