Amazon has sued New York’s top prosecutor for probing the company’s response to Covid-19’s security concerns, including the furloughing of workers who spoke out.
The company said Attorney General Letitia James was assuming the “inconsistent and inappropriate standard” for workplace safety to Amazon.
It asked the court to suspend her investigation.
Ms James’ Statement
Ms James called the act “a sad attempt to distort facts and avoid responding”.
“We will not be intimidated by anyone, especially corporate abusers who put profits on the health and safety of working people,” she said in a statement.
“We have not given up on our efforts to protect workers from exploitation and will continue to review all of our legal options.”
Amazon Employees
Ms James launched her investigation last spring, following a small strike by a group of workers at a warehouse in Staten Island, New York, and the dismissal of the organizers, including Christian Smalls.
At the time, she said, it had raised concerns about illegal retaliation, noting that the state had codified the right to organise in its law.
In its complaint, Amazon said Ms James lacked oversight over the workplace issues, which it said are governed by national labour laws.
It also accused Ms James of ignoring the company’s measures to protect its employees, citing a 30-city inspection in March for storing its assets on Staten Island, New York, which concluded that “there are no areas of concern”.
The rate of infection among Amazon workers in New York is half the population of the area, he added.
Amazon’s Defense
It is unusual for companies to file pre-emptive lawsuits to block potential regulatory actions.
But Amazon said Ms. James threatened to file a lawsuit unless the company met a list of demands, including slowing down production, subsidized bus services and Mr. Smalls’ reinstatement.
“Amazon cannot accept the OAG’s attempt to subject Amazon to an inconsistent and unfair standard for workplace safety that is preempted by federal law and assigned to the primary jurisdiction of federal regulators – especially when the underlying facts show that Amazon has done an exemplary job responding to an unprecedented global pandemic,” the firm said in the lawsuit, filed in federal court in Brooklyn.
In the complaint, Amazon, which has a reputation for being aggressive against workplace protests, said it had fired Mr Smalls for violating requests that he quarantine after being exposed to the virus.
Mr Smalls has pledged to continue protesting until better protections are in place. In November, he filed a class action lawsuit seeking damages for black and Hispanic workers.
