{"id":320,"date":"2021-02-20T01:27:11","date_gmt":"2021-02-20T01:27:11","guid":{"rendered":"https:\/\/multi.nycnewsnetwork.com\/herpowernetwork\/ny-attorney-general-letitia-james-sues-amazon-for-failure-to-protect-workers-during-covid-19-pandemic\/"},"modified":"2021-02-20T01:27:11","modified_gmt":"2021-02-20T01:27:11","slug":"ny-attorney-general-letitia-james-sues-amazon-for-failure-to-protect-workers-during-covid-19-pandemic","status":"publish","type":"post","link":"https:\/\/nycnewsnetwork.com\/herpowernetwork\/ny-attorney-general-letitia-james-sues-amazon-for-failure-to-protect-workers-during-covid-19-pandemic\/","title":{"rendered":"NY Attorney General Letitia James Sues Amazon For Failure To Protect Workers During COVID-19 Pandemic"},"content":{"rendered":"

New York Attorney General Letitia James\u00a0filed a lawsuit against Amazon over\u00a0its failures\u00a0to\u00a0provide adequate health and safety measures for employees at the company\u2019s New York facilities\u00a0and Amazon\u2019s retaliatory actions against multiple employees amidst the COVID-19\u00a0pandemic<\/a>. In failing to maintain a safe work environment by reasonably protecting workers from the spread of COVID-19, Amazon violated New York State Labor Law.\u00a0In addition, Amazon unlawfully fired and disciplined employees that objected to Amazon\u2019s unsafe work conditions.<\/p>\n

\u201cWhile Amazon and its CEO made billions during this crisis, hardworking employees were forced to endure unsafe conditions\u00a0and were\u00a0retaliated against\u00a0for\u00a0rightfully\u00a0voicing these\u00a0concerns,\u201d said\u00a0Attorney General James<\/strong>. \u201cSince the pandemic began, it is clear that Amazon has valued profit over people\u00a0and has failed to ensure the health and safety of its workers.\u00a0The workers who have powered this country and kept it going during the pandemic are the very workers who continue to be treated the worst.\u00a0As we seek to hold Amazon accountable for its actions, my office remains dedicated to protecting New York workers from exploitation and unfair treatment in all forms.\u201d\u00a0<\/span><\/p>\n

Attorney General James opened an investigation into Amazon in March 2020 following numerous complaints about the lack of precautions taken to protect employees in Amazon facilities as New York was ravaged by COVID-19. The\u00a0investigation was later broadened to examine whether Amazon unlawfully fired or disciplined employees who reported these safety concerns. In particular, the investigation focused on two facilities with a combined workforce of more than 5,000 individuals \u2013\u2013 JFK8, a fulfillment center on Staten Island, and DBK1, a distribution center in Queens. At the time of these complaints, New York City was the epicenter of the pandemic in the United States, and Staten Island had the highest per capita rate of COVID-19 diagnoses in New York City.\u00a0\u00a0<\/span><\/p>\n

The Attorney General\u2019s investigation uncovered evidence showing that Amazon\u2019s health and safety response violated state law with respect to cleaning and disinfection protocols, contact tracing, and generally permitting employees to take necessary precautions to protect themselves from the risk of COVID-19 infection, among other things. For example,\u00a0Amazon\u00a0was notified\u00a0of at least 250 employees at the\u00a0Staten Island\u00a0facility who had positive COVID-19 tests or diagnoses,\u00a0with\u00a0more than 90\u00a0of those individuals\u00a0present in the facility within\u00a0seven\u00a0days of notification to Amazon.\u00a0However,\u00a0in\u00a0all but seven of these instances, Amazon failed to close any portion of the facility after learning of the positive cases.\u00a0Additionally, Amazon implemented an inadequate COVID-19 tracing program that\u00a0failed to\u00a0consistently identify workers\u00a0who\u00a0came into close contact\u00a0with employees\u00a0who\u00a0tested positive for COVID-19. On occasions when a worker reported\u00a0having close contact\u00a0with a coworker with a positive COVID-19 test, Amazon dismissed the worker\u2019s concerns and did not investigate or follow up\u00a0on the reports.\u00a0\u00a0\u00a0<\/span><\/p>\n

The evidence gathered\u00a0through the Attorney General\u2019s\u00a0investigation also demonstrates that Amazon unlawfully fired and disciplined workers who reported their concerns about Amazon\u2019s compliance with these health and safety mandates, including Christian Smalls and Derrick Palmer. Smalls and Palmer both raised concerns about Amazon\u2019s response to the COVID-19 pandemic to Amazon managers, made public complaints about Amazon\u2019s practices through the media, and submitted complaints to at least one government agency. Amazon fired Smalls and issued Palmer a final written warning after they made these valid and reasonable complaints.\u00a0\u00a0<\/span><\/p>\n

The lawsuit, filed in the Supreme Court of New York County, argues that Amazon\u2019s actions are in violation of New York labor, whistleblower protection, and anti-retaliation laws. The suit seeks broad injunctive relief and damages, including:\u00a0<\/span><\/p>\n