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A former Amazon delivery driver has filed suit against the US Equal Employment Opportunity Commission (EEOC), claiming the agency illegally stopped investigating workplace discrimination cases after a directive from Donald Trump.
Leah Cross’s lawsuit, lodged in federal court in Washington, DC, argues that the EEOC is legally required to pursue all valid charges under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA).
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Complaint tied to Amazon policies
Cross said her own complaint against Amazon was among those closed by the agency after an internal memo ordered staff to end all “disparate impact” investigations. Filed on September 29, the complaint alleged that limits on bathroom breaks for delivery drivers disproportionately affected women.
Trump’s April executive order instructed federal agencies not to enforce laws that ban discrimination based on disparate impact, a legal concept recognizing that policies may be unlawful if they adversely affect certain groups even without explicit bias.
Cross argues that Supreme Court rulings have long affirmed disparate impact as a valid legal theory and that the EEOC acted outside its authority by ending such probes. Her complaint calls the agency’s September memo “arbitrary and capricious,” claiming it violates both civil rights laws and the Administrative Procedure Act.
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Leadership turmoil and political fallout
The memo was issued amid upheaval at the commission. Trump had dismissed several top Democratic appointees, including former General Counsel Karla Gilbride, now part of Cross’s legal team at the nonprofit Public Citizen Litigation Group. Trump also removed Commissioners Jocelyn Samuels and Charlotte Burrows, a move that left the five-member body without a quorum.
Samuels has since filed her own lawsuit seeking reinstatement. The EEOC’s press office, closed during the ongoing government shutdown, did not respond to requests for comment. An Amazon spokesperson likewise declined to comment but said the company provides at least an hour of breaks per shift and routes designed to give drivers bathroom access.
Impact on civil rights enforcement
For decades, disparate impact litigation has been central to policing bias in employment, housing, education, and lending. Trump’s order characterized the doctrine as part of a “pernicious movement” undermining merit-based decision-making.
Civil rights advocates say the approach is vital for uncovering systemic bias, since employees often lack the statistical data needed to prove discrimination. Once the EEOC closes a case, claimants have 90 days to file suit, making agency investigations a crucial first step toward resolution or settlement.
Cross’s filing seeks to void the EEOC’s directive and reinstate investigations into disparate impact claims.
