Amazon EEOC Investigation Dismissed in Disparate Impact Challenge

According to a Duane Morris blog, a recent court decision highlights the limits of judicial intervention in agency enforcement policies, particularly in the context of an Equal Employment Opportunity Commission’s (EEOC) investigation and the agency’s handling of disparate impact claims.

In Cross v. EEOC, a DC federal court dismissed an Amazon delivery driver’s lawsuit challenging the EEOC’s closure of its investigation into her termination. The decision indicates that courts are unlikely to entertain challenges to an agency’s internal priorities.

The case involves Leah Cross, a former Amazon delivery driver who alleged that her termination violated Title VII and Colorado state law because of the disparate impact of Amazon’s delivery quotas on female employees. Cross filed a charge with the Colorado Civil Rights Division, which the EEOC initially investigated.

Following Trump’s Executive Order 14281, instructing federal agencies to de-prioritize disparate impact claims, the EEOC issued a memorandum closing such investigations, including Cross’s.

Cross filed suit, asserting that the agency acted arbitrarily, exceeded its statutory authority, and failed to follow proper rulemaking procedures. She sought to reopen her investigation.

The court dismissed Cross’s claims for lack of standing, holding that she failed to demonstrate a judicially cognizable injury or that a favorable ruling could redress any harm.

The decision highlighted that federal courts are not the appropriate venue to compel the Executive Branch to conduct additional investigations. It also stated that individuals who are not subjects of an EEOC investigation or enforcement action cannot challenge the agency’s priorities. While the opinion did not address the merits of the claims, it noted that Cross has the option to pursue Title VII claims directly against Amazon.

The ruling signals that federal courts are likely to defer to the EEOC’s internal investigation and enforcement discretion, including in contexts affected by executive directives.

Legal teams should recognize that while the EEOC may not prioritize specific claims, liability under federal and state anti-discrimination statutes persists. Companies remain responsible for auditing employment practices, addressing potential disparate impacts, and preparing for private lawsuits initiated by employees, even when agency enforcement is limited.