Amazon Exec Says General Counsel David Zapolsky's Comments Were 'Unfortunate'
"Well, I think—it's unfortunate—I think it's unfortunate because—you know, I think his frustration got the better of him in that comment," Dave Clark, the tech giant's head of operations, said of Zapolsky.
May 11, 2020 at 02:33 PM
5 minute read
The original version of this story was published on Corporate Counsel
An Amazon.com Inc. executive has publicly addressed general counsel David Zapolsky's now-infamous remarks about fired warehouse worker and protest organizer Chris Smalls.
"Well, I think—it's unfortunate—I think it's unfortunate because—you know, I think his frustration got the better of him in that comment," Dave Clark, the tech giant's head of operations, said of Zapolsky in an interview with "60 Minutes" on CBS News that aired May 10.
Zapolsky had described Smalls, who is black, as "not smart, or articulate," according to leaked internal notes that Vice News obtained. He also reportedly said that if the "press wants to focus on us versus him [Smalls], we will be in a much stronger PR position than simply explaining for the umpteenth time how we're trying to protect workers."
Clark's characterization of Zapolsky's comments aligned with an earlier statement from Zapolsky. He said his remarks "were personal and emotional" and he was "frustrated and upset," because Smalls allegedly violated company policy by returning to work after being exposed to a co-worker who tested positive for COVID-19.
Amazon is under mounting pressure over its firing of Smalls and several other employees who have raised concerns about being exposed to coronavirus COVID-19 at work. Clark asserted that the workers in question were fired because of "some sort of substantive policy violation—or safety violation that occurred in the process."
But earlier this month, Amazon vice president and distinguished engineer Tim Bray denounced the tech giant's firing of whistleblowers, saying that the actions were retaliatory and "evidence of a vein of toxicity running through the company culture." The situation spurred Bray to resign from what he described as "the best job I've ever had," he wrote in a blog post.
Days later, a group of senators, including Elizabeth Warren, Kamala Harris and Bernie Sanders, sent Amazon a letter calling for the tech giant to reveal its policies for disciplining and terminating workers who speak out about workplace safety.
The May 6 letter, which gives Amazon until May 20 to respond, notes that the tech giant has recently fired at least four workers who have a public history of "advocacy on behalf of health and safety conditions for workers in Amazon warehouses preceding their terminations."
Bray, who described Zapolsky's remarks about Smalls as "brutally insensitive," wrote in his blog post that Amazon has terminated at least five whistleblowers.
"The victims weren't abstract entities but real people; here are some of their names: Courtney Bowden, Gerald Bryson, Maren Costa, Emily Cunningham, Bashir Mohammed, and Chris Smalls," he wrote.
"I'm sure it's a coincidence that every one of them is a person of color, a woman, or both. Right?" Bray added.
Amazon stated in an email Monday evening that the whistleblowers "were not terminated for talking publicly about working conditions or safety, but rather, for violating—often repeatedly—policies, such as intimidation, physical distancing and more.
"We support every employees' right to criticize or protest their employer's working conditions, but that does not come with blanket immunity against any and all internal policies. We look forward to explaining in more detail in our response to the Senators' letter," the company added.
In March, when Amazon fired Smalls, New York Attorney General Letitia James denounced the company's actions as "disgraceful," "immoral and inhumane," and called for the National Labor Relations Board to investigate the situation, while she considered "all legal options" at her disposal.
During that same month, attorneys general from 14 states and Washington, D.C., wrote a letter outlining concerns about Amazon and Whole Foods having inadequate paid sick leave policies for employees during the COVID-19 pandemic.
"By limiting paid sick leave to only those employees who have been diagnosed with COVID-19 or who have been placed into quarantine, the Companies are placing their other employees, their customers, and the public at large at significant risk of exposure to COVID-19," the letter stated.
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