A group of black and Latino former drivers for Amazon have sued the online retailer, alleging that Amazon discriminated against them when it fired them based on a background check policy.
"Amazon's decision to fire them had nothing to do with their ability to perform the job, but was based solely on an overly strict background check policy," said Oren Sellstrom of Lawyers for Civil Rights, who is representing the drivers along with an attorney from Fair Work, in a statement. "That is not only poor business practice, it also violates federal and state anti-discrimination laws."
The lawsuit, filed in Suffolk Superior Court, is a class action suit that seeks to represent all Massachusetts black and Latino drivers who were terminated under Amazon's background check policy. It was originally filed as a complaint with the Massachusetts Commission Against Discrimination, which has not yet issued a decision.
The drivers claim that in 2016, Amazon began implementing an overly strict background check policy, which caught old and minor offenses and did not take into account a driver's current job performance. It then fired many drivers, who were disproportionately black and Latino, based on the results of those background checks.
"It is well documented that communities of color, including Black and Latino communities, are subjected to over-policing and traffic enforcement, and are arrested and convicted, at rates significantly higher than the White population," the lawsuit writes. "As a result, Amazon's policy and practice of terminating delivery drivers who are successfully performing their jobs, based solely on their background history, has a disparate impact on Black and Latino workers."
The six plaintiffs all worked for Amazon in 2016, generally for a period of months, before they were fired based on the results of background checks.
Matthew Soler, a Latino, had been delivering packages for Amazon for 60 to 70 hours a week when he was terminated for an old charge of driving after a license suspension. His license was reinstated more than four years before he was fired from Amazon, according to his lawyers.
Dexter Andrews, who is black and drove for Amazon on the weekends for a couple of months, was fired for charges dating to 2009 -- despite having worked in construction and as a mentor to at-risk youth since that time, according to his lawyers.
The lawsuit does not provide details related to what the background checks turned up that led to the drivers' termination. The other plaintiffs are Raymond Dunn, Nuno Gomes, Titus Royal and Nicholas Young.
Amazon spokesman Ernesto Apreza said in an email that the company has a longstanding practice of not commenting on pending litigation. "That said, safety and customer trust are our top priorities, which is why we have always required delivery service providers to conduct comprehensive background checks for their employee drivers," Apreza said. "The background check process is focused on job related criminal and motor vehicle convictions and does not consider race, gender, ethnicity, religion or other protected characteristics."
This story was updated with a response from Amazon.