Amazon Racial Discrimination Class Action Dismissed

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Amazon COVID-19 Discrimination Policies Class Action Lawsuit Overview: 

• Who: A federal judge dismissed claims made by Christian Smalls against Amazon Inc. 
• Why: Smalls, a former Amazon manager, claims he was fired after reporting the company had racially discriminatory COVID-19 policies.
• Where: The class action lawsuit was filed in New York federal court.

A New York federal judge dismissed a former Amazon manager’s amended complaint alleging the company discriminated against him by firing him for reporting it had what he believed to be racially discriminatory COVID-19 policies. 

U.S. District Judge Rachel Kovner, who tossed claims of discrimination and retaliatory discrimination, said she would consider allowing plaintiff Christian Smalls, a former management associate at a Staten Island Amazon fulfillment center, to amend his complaint again. 

Smalls, an African American male, claims he was told to quarantine days after he went to his bosses with concerns that Amazon was giving less pandemic protections to the mostly Latino and Black lower-level line workers than it was to the mostly white managers at the facility. 

The former manager claims he took a day off before coming back to attend a parking lot demonstration where workers demanded more COVID-19 protections be put in place after which he says he was fired within two hours for “violating” quarantine. 

“An Amazon spokesperson subsequently stated that management had repeatedly warned Smalls not to come to work and to maintain social distancing—claims that Smalls disputes,” according to Kovner’s memorandum and order.

Smalls Did Not ‘Plausibly Allege’ He Was Fired Due To His Race

In tossing the claims, Kovner ruled Smalls had not plausibly alleged that the reason for his firing was because of his race or because of his participation in what was considered a protected activity. 

“To address this deficiency, Smalls states in his memorandum of law that he did state to management his view that the COVID-19 policies were discriminatory. But Smalls never alleged as much in his amended complaint,” the judge said.

Kovner also ruled Smalls does not have standing to make claims on behalf of line workers, given his position as manager, nor can he request injunctive relief for them since he is no longer employed with the company. 

Even if he was able to make claims on behalf of workers, Smalls’ argument of intentional discrimination would still come up short, Kovner determined. 

“Several courts have recognized an exception for employees seeking reinstatement — where the employee would be subject to the challenged policies if reinstated,” the order said. “But Smalls does not fall in that category. And he gives no other explanation for how a change in Amazon’s workplace rules would remedy any injury to him.” 

Smalls will have 30 days to file a motion requesting permission to file a second amended complaint.

A separate class action lawsuit was filed against Amazon in December by a pair of consumers who claim the company overstates the battery life performance of its Amazon Ring doorbells. 

Have you worked at an Amazon fulfillment center? Let us know in the comments! 

The plaintiff is represented by Michael H. Sussman of Sussman & Watkins.

The Amazon Discriminatory COVID-19 Policies Class Action Lawsuit is Smalls v. Amazon Inc., Case No. 1:20-cv-05492, in the U.S. District Court for the Eastern District of New York.

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