Discrimination in the workplace is illegal. Employers cannot discriminate at any level of employment, including in their hiring practices. However, a recent case is raising questions about whether or not Amazon discriminates when they are hiring employees. At Rager & Yoon – Employment Lawyers, our Los Angeles discrimination attorneys want to discuss a recent lawsuit filed by an Amazon employee and how it may highlight unlawful hiring practices by the company.
What does this story tell us?
NBC News has released the story that a former Amazon manager alleges that her supervisor made her go through the social media accounts of applicants in order to determine the applicants’ race and gender. The woman says she was fired when she complained about this practice. Lisa McCarrick has filed a lawsuit against an Amazon unit in the Superior Court of California, Alameda County. She alleges a slew of violations, including:
- Wrongful termination
- Failure to prevent discrimination
- Violation of California’s Labor Code
The 38-year-old woman is also suing Amazon for allegedly violating the state’s Equal Pay Act, saying she made significantly less than her male colleagues who are doing similar work. McCarrick says that she was hired as a loss prevention manager by Amazon in July of 2018 and was promoted to regional manager five months later. She alleges that, after her promotion, her supervisor instructed her to go through the social media profiles of applicants “for the purpose of ascertaining race/ethnicity and gender,” according to the lawsuit.
McCarrick says that she submitted a written complaint about her concerns in September and that she was fired two months later. She says that, at the meeting, it was communicated to her that the supervisor admitted to using social media to determine the rate and ethnicity of applicants. She also says that they told her that her male colleagues do make more money than her but “that happens all the time at Amazon.”
The lawsuit claims that McCarrick has always received positive performance evaluations, though she was told that the reason for her termination was for “not meeting expectations.”
Under California’s Fair Employment and Housing Act, it is illegal to discriminate against somebody based on their race, ethnicity, or gender in any of the following situations:
- Hiring practices
- Job assignments
- Fringe benefits
- Or any other terms of employment
Lisa McCarrick’s lawsuit covers an array of potentially damaging issues against Amazon. It may take some time for this lawsuit to play out, but we will certainly be watching.
Let us help you through this today
If you or somebody you care about has been discriminated against on the job, seek legal assistance as soon as possible. At Rager & Yoon – Employment Lawyers, we are dedicated to helping those who have been wronged by their employer. We will investigate your case and work to determine whether you are entitled to any of the following compensation:
- Recovery of lost wages
- Reinstatement to your job (if necessary)
- Court costs and legal fees
- Pain and suffering damages
- Possible punitive damages against the employer