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James announced on Wednesday, Feb. 17 that a lawsuit has been filed in state Supreme Court against the tech giant over its alleged failure to provide adequate health and safety measures for employees at the company’s New York facilities when the outbreak first started.
An investigation into Amazon’s practices was opened by James’ office in March last year following multiple complaints about an alleged lack of precautions that were taken to protect employees at Amazon facilities, which prompted a backlash from workers.
James said that specifically, the investigation focused on two facilities with a combined workforce of more than 5,000 individuals –– JFK8, a fulfillment center on Staten Island, and DBK1, a distribution center in Queens at the time the pandemic was raging in New York City.
According to James, the investigation uncovered evidence showing that Amazon’s 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.
It is alleged that hundreds of employees at one point tested positive for COVID-19, with dozens still working at facilities within seven days of notifying Amazon of the positive tests.
In all but seven of those incidents, Amazon reportedly failed to close any portion of the facilities, despite the confirmed infections.
James said that Amazon also implemented an inadequate COVID-19 tracing program that failed to consistently identify workers who came into close contact with employees who tested positive for COVID-19
It is further alleged that Amazon illegally fired or disciplined employees who reported their concerns about the company’s COVID-19 lack of compliance.
An Amazon spokesperson denied the allegations in a statement while touting its safety protocols.
“We care deeply about the health and safety of our employees, as demonstrated in our filing last week, and we don’t believe the Attorney General’s filing presents an accurate picture of Amazon’s industry-leading response to the pandemic,” she said.
The lawsuit seeks to require Amazon to change its policies, conduct additional training, and undergo COVID-19 monitoring. It requests back pay, damages, and reinstatement for fired employees, and for Amazon to give up the profits it made as a result of its alleged illegal acts.
"While Amazon and its CEO made billions during this crisis, hardworking employees were forced to endure unsafe conditions and were retaliated against for rightfully voicing these concerns,” James said. “Since the pandemic began, it is clear that Amazon has valued profit over people and has failed to ensure the health and safety of its workers.
"The workers who have powered this country and kept it going during the pandemic are the very workers who continue to be treated the worst," she added. "As 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.”
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