Amazon General Counsel David Zapolsky's Statement on Racism Excludes His Own Offensive Remarks
Zapolsky denounced "violence, discrimination and racist aggression" without addressing derisive comments he made about a black Amazon employee who was fired after organizing a protest over workplace conditions.
June 04, 2020 at 03:09 PM
5 minute read
Amazon.com Inc. general counsel David Zapolsky has stirred up another controversy—and this time it's for something he didn't say.
Zapolsky sent an email to legal department staff Wednesday addressing the "reprehensible and harrowing" instances of "violence, discrimination and racist aggression against Black people."
"Black Lives Matter," he wrote in an email that Recode obtained. "Like many of you, I have been reading and listening to many voices responding to this most recent spate of racial injustice. I don't presume to be able to add much to those conversations, which is why I have hesitated to write until now."
He added, "But I do tend to agree with those who argue that the most constructive things that people who are privileged not to face this oppression in their daily lives can do, at least in the short term, are listen and learn from those who do, redouble our commitment to be more effective antiracist allies and advocates, and support organizations and individuals seeking to address and mitigate racial oppression, police violence, and structural racism in our society."
But, to some, Zapolsky's message was missing something.
Back in April, Zapolsky ignited a firestorm of criticism when reports surfaced, based on leaked notes from an internal meeting, that he bad-mouthed fired Amazon employee and protest organizer Chris Smalls. He made the offensive statements while cooking up a plan to bolster Amazon's public relations situation amid concerns about how the Seattle-based tech giant was treating its workers during the COVID-19 outbreak.
"He's not smart, or articulate, and to the extent the press wants to focus on us versus him, we will be in a much stronger PR position than simply explaining for the umpteenth time how we're trying to protect workers," Zapolsky stated, referring to Smalls.
Some observers have asserted that Smalls, who is black, could pursue a race discrimination claim against his former employer based on Zapolsky's remarks, which the GC has since apologized for, stating, in part, that his "comments were personal and emotional."
But Zapolsky's recent email denouncing racism was silent about his own remarks about Smalls, which didn't sit well with Smalls and some of Zapolsky's employees, according to Recode. The news website quoted an unnamed Amazon legal staffer who said, "It's hard to see this as genuine when he has not addressed his offensive and arguably racist comments from the leaked memo."
Reacting to Zapolsky's email, Smalls reportedly stated: "That is ridiculous. That is insulting. I don't even know what to say. I'm surprised that he thought that he could even speak on it."
Zapolsky has not responded to repeated interview requests. Attempts on Thursday to speak with the tech giant's head of global diversity and inclusion, Latasha Gillespie, were not immediately successful. To what extent, if any, she was involved in crafting Zapolsky's message remains unclear.
Zapolsky has discussed diversity initiatives at Amazon in the past. In 2017, for instance, he told Corporate Counsel that "it's very important to me that we have lawyers and legal professionals that represent all of our customers."
Amazon has not responded to an inquiry Thursday about the number of minorities in the company's legal department.
Meanwhile, the company announced Wednesday that it is donating a total of $10 million to 11 organizations, including the American Civil Liberties Union, NAACP and the National Bar Association.
"One striking theme that many of these organizations share is that they seek to achieve change by asserting and enforcing rights through the legal system—a longstanding and powerful tradition of the civil rights movement in this country," Zapolsky wrote in his email.
"I know that some in our department are exploring ways to participate in the work of these and other organizations on a pro bono basis in connection with the current protests and other reform efforts, and I welcome and encourage such participation," he added.
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