Class Action Accuses Amazon of Discriminatory Practices in Disability Inclusion Employment Efforts

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A proposed class action lawsuit alleges Amazon.com Services intentionally hires individuals with disabilities under the guise of “inclusion” but fails to offer any meaningful accommodations to keep these employees working.

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The 20-page lawsuit was filed by a former Amazon employee with cerebral palsy who claims the company hired him in October 2020 as part of an apparent “scheme” to obtain “recognition as an employer who supports individuals with disabilities, government funding and/or tax incentives.” However, rather than place the plaintiff in a position that accommodated his physical limitations, Amazon gave him a job in its Eastvale, California warehouse with duties it knew he could not perform, the filing alleges.

According to the case, Amazon subsequently forces similarly situated employees to take indefinite “disability leave” with reduced pay, ultimately resulting in their termination or forced resignation.

During an interview at an Amazon job fair in September 2020, the plaintiff inquired about opportunities that could accommodate his disability, which prevents him from frequently bending, lifting and being on his feet for more than 30 minutes at a time, the suit shares. An Amazon representative assured the man that there would be no issues with his disability and that he would be placed in the appropriate department, the complaint says.

It wasn’t until the plaintiff reported for his first day of work that he learned he would be stocking and sorting merchandise in a warehouse—a position that required him to stand, walk, bend and lift throughout 10-hour shifts, the lawsuit claims. Per the case, supervisors told the plaintiff that “everyone starts in the warehouse,” and that he would have to work his way up.

“[The plaintiff] was never informed of this during the interview process and was instead misled into believing that he would be working in an office position,” the filing says.

The complaint shares that the plaintiff worked at the warehouse for about one month until he could no longer stand. From there, he was instructed to take a leave of absence and offered disability pay equivalent to 55 percent of his regular 40-hour workweek wages, the suit says.

Amazon allegedly told the plaintiff to look for other open roles within the company, and its accommodation case manager said she would send the man’s resume to other locations. The suit claims the defendant stopped providing the plaintiff with disability pay in April 2021 and informed him in July of that year that it was “coming to an end” on his job search. The plaintiff says he was officially terminated on April 21, 2022, four days after he asked Amazon to send all future correspondence to his attorneys.

As the case tells it, Amazon has illegally discriminated against at least 200 Californians in a manner similar to that of the plaintiff, including by assigning them job duties it knew they could not successfully complete due to their disability.

The complaint argues that the defendant was required under state law to engage in the interactive process to accommodate class members’ disabilities but instead placed the onus on them to find other suitable positions within the company.

The lawsuit looks to represent anyone who has been employed by Amazon.com Services at a California location within the past four years, notified the company of their disability, was placed on a leave of absence and ended their employment while on leave.

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