Amazon's Pattern of Pregnancy Discrimination Comes Into Focus

In recent years, Amazon, which employs more than a million workers in the U.S., has faced multiple allegations of pregnancy discrimination. These claims highlight systemic issues with the company's treatment of pregnant employees. In addition to exposing flaws in Amazon’s employment practices, these pregnant workers’ stories highlight the importance of understanding the employment protections that federal and state laws provide and how to enforce them.

Class-Action Lawsuit Alleges Systematic Pregnancy Discrimination

Amazon has faced numerous allegations of illegal discrimination against pregnant employees. A class-action lawsuit filed in 2022 claims that Amazon violated pregnancy leave policies and systematically disadvantaged pregnant workers in various ways, including failing to inform them of their rights to pregnancy leave under state law, refusing requests to reasonably accommodate documented pregnancy-related medical needs, and retaliatory action against workers who voiced those needs. This case has caught national attention and become a rallying point for employees who have been harmed by discriminatory policies.

Individual Stories Paint a Disturbing Picture

The personal stories of Amazon workers who have experienced discrimination due to their pregnancies cast the online shopping behemoth in a sinister light.

• A 23-year-old packer in Tracy, CA was denied her request for light-duty work, bringing in a note from her doctor stating a medical need to limit her activities. As she continued working 10-hour shifts on her feet, performing strenuous, repetitive movements, she miscarried. Further, they denied her medical leave for the time she spent recovering, forcing her to use up her personal leave time and ultimately resign from the company.
• At tote auditor in San Bernadino, CA informed her manager that she was pregnant and that she knew this meant she would need to take more frequent bathroom breaks. Amazon is known for severely limiting employees’ “time off task,” including restroom breaks, and threatening to fire them if they fail to comply. On average, employees are allowed no more than a total of 30 minutes off task per 10-hour shift. When her restroom breaks started to get her in trouble with supervisors, she requested accommodations such as longer break allowances or a transfer to a different department, but to no avail. Less than two months after telling her manager of her pregnancy, she was fired for taking too much time off task.
• After a fulfillment center worker in Florence, NJ, informed her employer that doctors directed her to take three days off work to rest after a bout of the flu that threatened her pregnancy, the HR manager told her the company “doesn’t take doctors notes,” and she was fired four days later.
• After an inventory and quality control fulfillment associate in Robbinsville, NJ, took approved medical leave for complications related to her pregnancy, Amazon abruptly fired her just five days before the end of her approved leave, falsely claiming that she had abandoned her job.

There is a wide gap between Amazon’s rhetoric about supporting employees and these types of lived experiences. An Amazon spokesperson asserted, "It is absolutely not true that Amazon would fire any employee for being pregnant; we are an equal opportunity employer. We work with our employees to accommodate their medical needs including pregnancy-related needs. We also support new parents by offering various maternity and parental leave benefits." However, the company states that it is unable to discuss the details of such lawsuits.

Senators Take Action

The gravity of these allegations has caught the attention of government officials. In 2021, six U.S. senators called upon the EEOC to investigate Amazon's treatment of pregnant warehouse employees. The senators, which include Kirsten Gillibrand, Bernie Sanders, Richard Blumenthal, Bob Casey, Jr., Sherrod Brown, and Elizabeth Warren, expressed concern over Amazon’s “systemic failure to provide adequate accommodations” for these workers. The assert that Amazon’s failure to provide reasonable accommodations to protect pregnant workers’ health and safety and refusal to allow time off for pregnancy-related medical needs may constitute violations of the federal Pregnancy Discrimination Act (PDA)[1] and Americans with Disabilities Act (ADA).[2]

New Jersey Provides Additional Legal Protections for Pregnant Workers

Pregnant employees in New Jersey benefit from robust legal protections. In addition to federal labor laws such as the PDA, which requires employers to treat pregnancy-related conditions as they would any other temporary disability, and the Pregnant Workers Fairness Act (PWFA)[3], which requires reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, the New Jersey Law Against Discrimination (NJLAD)[4] defines pregnancy as a protected characteristic for the purposes of the anti-discrimination law. Unlike the federal statutes, the New Jersey law applies to employers of all sizes, providing protection for a broader swath of workers. The reason employers can legally deny needed accommodations for pregnant employees is if doing so would create an “undue hardship,” i.e., significant difficulty or expense.

Understand & Enforce Your Employment Rights.

Despite these legal safeguards, many employees are unaware of their rights or how to enforce them. If you believe you are experiencing pregnancy discrimination at work, it is important to take proactive steps to protect your rights. The first step is to document everything. Keep detailed records of discriminatory actions, including dates, times, and the nature of the incidents. Save any relevant emails, messages, or other communications that can serve as evidence, and identify potential witnesses to the discrimination you face. A clear record of events is crucial for successful legal action.

Be sure to familiarize yourself with your company's policies on discrimination and accommodating pregnancy or disability. Many employers have published internal procedures relating to such issues. Understanding your company’s policies can help you navigate the process of reporting discrimination and appropriately seeking accommodations, which is an essential step before seeking legal relief. If your company has a human resources department, report the issue to them. If not, you may need to notify a supervisor. This gives your employer an opportunity to address the problem while creating a formal record of your complaint. If the issue is not resolved or if you face retaliation, consult an experienced employment attorney. They can help you understand your options and guide you through the legal process.

Recognize Subtle Forms of Discrimination

Pregnancy discrimination is not always overt. In many cases, it manifests in subtle, insidious ways that can be difficult to identify or prove. For instance, pregnant employees might be denied promotions or desirable assignments despite appropriate qualifications or even reassigned to less desirable positions. If employers justify these decisions by citing concerns about the employees’ safety or their ability to handle increased responsibilities while pregnant, even though they’ve sought no such accommodation, this could constitute discrimination. Such actions can marginalize pregnant workers and hinder their career advancement.

A hostile work environment can also be a form of pregnancy discrimination. Pregnant employees may face subtle harassment, such as disparaging comments or exclusion from workplace activities. While less obvious than other forms of discrimination, this type of treatment creates a work environment that can be unwelcoming and stressful for pregnant employees. Recognizing these subtle forms of discrimination is essential for addressing and preventing them.

The Mark | Lavigne Law Firm Can Help

At the Mark |Lavigne Law Firm, we are dedicated to protecting the rights of New Jersey employees. We understand the emotional and financial toll that workplace discrimination can take on workers and their families. Our team provides compassionate legal support to help you navigate the complexities of federal and state employment laws and achieve the best possible outcome for your case.

[1] 92 Stat. 2076.

[2] 42 U.S.C. §12101, et seq.

[3] 29 CFR Part 1636.

[4] NJ Rev Stat §10:5-12 (2023).