NEW YORK (AP) | A former Amazon delivery driver has filed a lawsuit accusing a federal civil right agency of abruptly and unlawfully abandoning her sex discrimination case and others like it following an executive order from President Donald Trump.
The lawsuit filed by the former Colorado driver demands that the Equal Employment Opportunity Commission resume investigating her claims that Amazon discriminates against female drivers by failing to provide adequate bathroom breaks.
The lawsuit is the latest example of workers and others scrambling to find recourse as federal agencies abandon their cases in response to Trump’s shake-up of the country’s civil rights enforcement infrastructure.
The EEOC, which enforces civil rights laws in the workplace, decided last month to discharge any complaints based on “disparate impact liability,” which holds that policies that are neutral on their face can be discriminatory if they impose unnecessary barriers that disadvantage different demographic groups.
The EEOC’s decision came in response to an executive order in April directing federal agencies to deprioritize the use of disparate impact liability. The Trump administration argues that disparate impact assumes any racial or gender imbalance in workplaces is the result of discrimination and leads to practices that undermine meritocracy.
The former driver, Leah Cross, filed a motion Tuesday asking the U.S. District Court for the District of Columbia to stay the EEOC’s new rule prohibiting investigations and enjoin the agency from enforcing it.
The EEOC has already dropped its sole lawsuit arising from a disparate impact liability charge, a case alleging that the Sheetz convenience store chain’s background check practices discriminated against Black, Native American and multiracial job applicants.
Separately, the agency has dropped lawsuits on behalf of transgender workers and subjected new complaints to a higher level of scrutiny, following Trump’s executive order declaring that the government would only recognize two unchangeable sexes.
It’s unclear how many worker complaints involving disparate impact liability or LGBTQ+ workers have been sidelined by the EEOC. In her lawsuit, Cross demanded that the EEOC, which handled more than 88,000 discrimination charges in 2024, give the court a list of the disparate impact liability charges it has shut down.
The EEOC referred questions about the lawsuit to the Department of Justice, which declined to comment.
Ex-Amazon driver sues civil rights agency for dropping her case following Trump’s executive order