David Robinson, New York State Team
Wed, May 18, 2022,
New York authorities have filed a complaint alleging Amazon discriminated against pregnant workers and workers with disabilities by denying them reasonable accommodations, Gov. Kathy Hochul said Wednesday.
The complaint claimed that Amazon's policies forced pregnant workers and workers with disabilities to take an unpaid leaves of absence, rather than allowing them to work with a reasonable accommodation.
The complaint, filed by the state Division of Human Rights, comes after Amazon workers in Staten Island, voted to unionize early last month, the first successful U.S. organizing effort among people employed at the retail giant.
Amazon on Wednesday issued a statement voicing surprise at the discrimination complaint, which was unrelated to the unionization vote. Spokeswoman Kelly Nantel noted Amazon had previously been "cooperating and working closely with Hochul's investigator" on the matter.
“Ensuring all our employees, including those with disabilities and expectant mothers, feel safe and supported is extremely important to Amazon and we have numerous programs to ensure that’s the case," Nantel said in a statement.
"While we don't always get it right with a workforce of over 1.6 million people, we work diligently to offer the best available options to accommodate individual situations," she added, noting Amazon could not comment further because it had yet to receive the complaint.
People arrive for work at the Amazon distribution center in the Staten Island borough of New York, Monday, Oct. 25, 2021.
What the Amazon discrimination complaint says
State law in New York requires that all employers, upon request, reasonably accommodate workers with disabilities or pregnancy-related conditions.
The accommodations can include modification of job duties that allow an employee to perform the essential functions of their jobs.
Amazon, which operates 23 worksites with over 39,000 workers across New York, employs in-house "accommodation consultants" to evaluate employee requests and recommend appropriate action.
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Authorities in New York allege Amazon's policy of allowing worksite managers to override the recommendations made by those consultants caused Amazon employees to be denied reasonable accommodations for their disabilities and pregnancy-related conditions.
The complaint included accusations that an Amazon manager forced a pregnant warehouse worker to continue lifting packages over 25 pounds, despite the consultant approving the worker’s request for an alternative job to avoid the heavy lifting, according to a statement from the governor’s office.
As a result of the heavy lifting, the worker was injured and required further accommodations, but Amazon denied that request and forced the worker into indefinite unpaid leave, the statement added.
A sign at Amazon’s fulfillment center in the Town of Montgomery, NY, on Oct. 13, 2021.
Another Amazon worker was allegedly improperly denied when they requested a modified work schedule due to a documented disability.
The worker's condition necessitated a specific sleep schedule and the worker submitted supporting medical records with the request. Prior to the request, the worker had been swapping shifts with a coworker to accommodate this condition without objections from management.
Amazon's internal consultant recommended that the worker’s request be granted but the manager refused without explanation, according to the governor's office's statement. The consultant then reversed their decision, the statement added, citing a lack of qualifying condition despite the medical records.
The complaint seeks a Human Rights administrative hearing decision that requires Amazon to cease its discriminatory conduct, the governor’s office said.
The complaint also seeks that Amazon be required to:
Adopt non-discriminatory policies and practices regarding the review of requests for reasonable accommodations
Train its employees on the provisions of Human Rights law
Pay civil fines and penalties to New York state
Gov. Kathy Hochul speaks in Mount Vernon City Hall April 15, 2022.
What NY officials say about Amazon discrimination complaint
Hochul asserted New York has the strongest worker protections in the nation, noting it was one of the first states to have protections for workers who are pregnant and those with disabilities.
"My administration will hold any employer accountable, regardless of how big or small, if they do not treat their workers with the dignity and respect they deserve,” Hochul said in a statement, addressing the complaint against Amazon.
Melissa Franco, deputy commissioner for enforcement at the Human Rights Division, added New York law has prohibited discrimination against pregnant workers since the 1970s – well before the federal Americans with Disabilities Act in 1990.
“The (Humans Rights) division will work to ensure that everyone in our state is fully afforded the rights and dignities that the law requires," Franco said in a statement.
New York’s complaint against Amazon comes after U.S. Senator Kirsten Gillibrand, D-NY, and other federal lawmakers sent a letter in September to federal regulators seeking an investigation of Amazon’s policies.
The letter referenced allegations that Amazon “systematically denies reasonable accommodations for pregnant employees at its fulfillment centers.”
It also cited accusations linked to Amazon worksites in Oklahoma City and California, including a worker who had a miscarriage after her request to stop lifting heavy packages was denied by Amazon.
Between 2015 and 2019, former Amazon employees filed at least seven lawsuits alleging that Amazon wrongfully terminated them during their pregnancies and failed to accommodate rudimentary requests, such as more frequent bathroom breaks and fewer continuous hours on their feet, Gillibrand said in a statement about the letter.
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David Robinson is the state health care reporter for the USA TODAY Network New York. He can be reached at drobinson@gannett.com and followed on Twitter: @DrobinsonLoHud
This article originally appeared on New York State Team: NY alleges Amazon discriminated against pregnant, disabled workers
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