Amazon has sued New York's top prosecutor over her probe of
the firm's response to Covid-19 safety concerns, including its firing of
workers who spoke out with concerns.
The company said Attorney General Letitia James was applying
"an inconsistent and unfair" standard for workplace safety to Amazon.
It asked the court to stop her inquiry.
Ms James called the move "a sad attempt to distract
from the facts and shirk accountability".
"We will not be intimidated by anyone, especially
corporate bullies that put profits over the health and safety of working
people," she said in a statement.
"We remain undeterred in our efforts to protect workers
from exploitation and will continue to review all of our legal options."
Ms James launched her investigation last spring, after a
small protest by a group of workers at a warehouse in Staten Island, New York,
and the firing of organisers, 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 her of ignoring the steps the company has
taken to protect its workers, pointing to a 30 March city inspection inspection
of its warehouse in Staten Island, New York, which concluded that "there
were absolutely no areas of concern".
The rate of infection among Amazon staff in New York is half
that of the area's general population, it added.
It is unusual for companies to file pre-emptive lawsuits to
block potential regulatory actions.
But Amazon said Ms James had threatened to sue unless the
company met a list of demands, including reducing production speeds, subsidised
bus service and reinstating Mr Smalls.
"Amazon cannot accept the OAG's attempt to subject
Amazon to an inconsistent and unfair standard for workplace safety that is
pre-empted 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 instances of workplace activism, said that it 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.
