New Jersey accuses Amazon of discriminating in opposition to pregnant staff

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The New Jersey attorney general sued Amazon On Wednesday, he alleged the company violated the rights of thousands of pregnant employees and employees with disabilities who work at several of its facilities in the state.

The lawsuit, filed by Attorney General Matthew Platkin’s office in Essex County Superior Court, accuses Amazon of violating state anti-discrimination law by treating pregnant workers and workers with disabilities when they request work accommodations.

The state said the lawsuit was the result of a years-long investigation by its civil rights division into Amazon’s treatment of workers at warehouses across New Jersey.

According to the lawsuit, the government investigation found that since October 2015, Amazon allegedly violated the rights of pregnant and disabled workers by placing them on unpaid leave when they requested accommodations, denying them reasonable accommodations, and “unreasonably” delaying its responses to the workers’ requests.

It also alleged that Amazon “unlawfully” retaliated against these workers when they sought compensation, including by firing them. After granting workers an accommodation, Amazon reportedly fired some employees because they “failed to meet the company’s rigorous productivity requirements.”

“There is no excuse for Amazon’s shameful treatment of pregnant workers and workers with disabilities,” Platkin said in a statement. “Amazon’s egregious behavior has caused enormous harm to pregnant workers and workers with disabilities in our state, and it must stop now.”

Amazon spokeswoman Kelly Nantel said in a statement that allegations that the company does not comply with federal and state laws, such as New Jersey’s anti-discrimination law, are “simply not true.”

“Ensuring the health and well-being of our employees is our top priority and we are committed to providing a safe and supportive environment for everyone,” Nantel said.

The company said it approves more than 99% of pregnancy accommodation requests submitted by workers. Amazon also denied automatically furloughing pregnant workers and claimed it unfairly rejected accommodation requests.

The lawsuit seeks to require Amazon to pay unspecified damages and civil penalties, as well as to issue court orders requiring the company to adjust its policies and submit to five years of monitoring and reporting requirements, among other requirements.

In one incident described in the complaint, an unnamed pregnant employee was granted an arrangement that allowed her to take additional breaks and prohibited her from lifting anything heavier than 15 pounds.

Less than a month after the accommodation was approved, she was allegedly terminated for “failure to comply with packing requirements,” the lawsuit says, even though her accommodation required her to pack fewer items per shift.

In another case, a pregnant worker’s accommodation request was closed due to a lack of medical documentation, even though the requested documents were not required. While the worker attempted to resubmit her claim, she allegedly received three warnings for “poor productivity” and was ultimately fired for “failing to pay her wages,” the complaint states.

Amazon’s internal investigation into her case did not confirm that the employee was fired because of her pregnancy, but the company eventually rehired her with back pay, the lawsuit says.

“Amazon’s discriminatory practices and systematic failure to accommodate pregnant workers and workers with disabilities result in these employees being pushed out of Amazon’s workforce – the exact result.” [Law Against Discrimination] “This should be prevented,” the lawsuit says.

Amazon’s treatment of pregnant employees and other employees in its sprawling frontline workforce has come under scrutiny in the past.

The company, which is the country’s second-largest private employer, faced lawsuits from workers at its warehouses who claimed the company failed to accommodate them when they were pregnant and then fired them for failing to meet performance standards, CNET reported.

The Equal Employment Opportunity Commission launched an investigation last year into Amazon’s treatment of pregnant workers in its warehouses after six senators called on it to do so, citing a “troubling pattern of mistreatment.”

The New York City Department of Human Rights filed a complaint against Amazon in 2022, alleging that the company discriminated against pregnant workers and workers with disabilities in its facilities.

Amazon said it does not comment on ongoing litigation.