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Amazon’s “Punitive” Absence Policy Results in a New Class Action Lawsuit

Warehouse worker woes continue to mount at Amazon, with its “punitive” absence policy now resulting in a class action lawsuit. A frustrated worker who found Amazon to be resistant to making reasonable accommodations for disabilities took matters into their own hands and elevated the issue to the courts in New York. The proposed Amazon class action lawsuit was filed with regard to the company’s absence policy, where workers accused the employer of threatening them with disciplinary action and termination when seeking accommodations.

Working warehouse jobs is understandably grueling, more so for employees with disabilities, and there are certain regulations, particularly under the ADA, that govern their right to accommodations. Violations can prove costly if employees choose to go the legal route, and the retaliation against Amazon’s absence policy is an example of this.

amazon punitive absence policy

A lawsuit has been filed over Amazon’s “punitive” absence policy that allegedly failed to make accommodations for an employee’s disability. (Image: Freepik)

Amazon Accused of Enforcing a Punitive Absence Policy Against Workers

The lawsuit filed against Amazon’s attendance policy claims that the company’s attendance tracking was used to threaten employees with disciplinary action and even termination when they requested accommodation requests. “Under this system, employees live under constant threat of punishment if they get sick or injured or need time off to care for a family member,” the filing on the Amazon warehouse attendance lawsuit stated.

The lawsuit also alleged that Amazon violated legally protected rights of employees under the Americans with Disabilities Act (ADA) and other New York state laws like the New York State Human Rights Law (NYSHRL). These regulations offer employees with disabilities certain rights to accommodations that can be feasibly afforded to workers to ensure they can continue to work to the best of their capabilities. 

What We Know About the Amazon Attendance Policy and the Resulting Lawsuit

The lawsuit against Amazon’s absence control system was filed by Cayla Lyster, a New York-based employee who started at the company in 2022. Due to a chronic genetic disorder that resulted in certain limitations, she claimed that she made accommodation requests with the company that were allegedly held up. 

Her claims indicate that a request for a chair to sit on was refuted, and her unpaid time off was docked, with threats of discipline and termination levied against her when she waited for her request to be approved. According to Reuters, the claims state that the company repeatedly put her on unpaid leave, once for as long as six weeks, while reviewing her accommodation request. The absence control system tagged her for accruing too much unpaid leave, resulting in emails that required the employee to justify the cause within 48 hours or face the consequences.

The lawsuit is seeking damages not just for her but other hourly warehouse workers in the state who intended to seek accommodations over the last three years. 

What Did Amazon Have to Say About the Class Action Lawsuit?

Amazon reportedly denied the allegations of taking punitive action and failing to provide reasonable accommodations according to the law. The company told CBS News, “Claims that we don’t follow federal and state laws like the Americans with Disabilities Act and New York State Human Rights Law (NYSHRL) are simply not true.” 

The retailer also added that “Ensuring the health and well-being of our employees is our top priority, and we’re committed to providing a safe and supportive environment for everyone.” Amazon explained that its team is thorough about reviewing employee requests for accommodation and providing adjustments as needed. 

The recent incident isn’t the first time that the company has been accused of unfair labor practices within its warehouses. From allegations of excessive surveillance to unsafe working conditions, the e-commerce giant frequently finds itself at the center of litigation over issues at its warehouses. 

Amazon has pushed investments into automating its warehouses and pursuing more machine-based operations, perhaps hoping for a future where it will no longer have to address allegations such as this one. 

Reflecting State and Federal Regulations in the Workplace Is Good for Business

The allegations against Amazon’s “punitive” absence policy are quite straightforward, and the demands for compensation are also clear. Amazon has also clarified its stance on the issue, and it is too early in the case to speculate on whether the company will choose to fight the allegations in court or settle the case with the concerned parties. From the outside looking in, these accusations against the company serve as a reminder to review state and federal laws and ensure that a business is always compliant with regulations.

This is essential not just from the perspective of compliance but also to ensure employee well-being. The rise of union-based movements over the last two years is a sign that workers across industries do not feel acknowledged and fairly compensated for their work, resulting in pushback against employers and demands for better terms of employment.

Such movements may appear disruptive, but are ultimately an attempt to continue working for an organization on terms that better suit the employee. Disability accommodations are particularly difficult to navigate due to the varied ways in which these accommodations may be requested, but this is where communication and empathy can play a role in reaching a peaceful resolution. 

Have any experience with Amazon’s absence policy? Share them with us. Subscribe to The HR Digest for more insights on workplace trends, layoffs, and what to expect with the advent of AI. 

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Anuradha Mukherjee
Anuradha Mukherjee is a writer for The HR Digest. With a background in psychology and experience working with people and purpose, she enjoys sharing her insights into the many ways the world is evolving today. Whether starting a dialogue on technology or the technicalities of work culture, she hopes to contribute to each discussion with a patient pause and an ear listening for signs of global change.

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