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
The original version of this story was published on Corporate Counsel
David Zapolsky, senior vice president, general counsel and secretary of Amazon.com Inc. Photo: Amazon
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.
Read More:
Amazon General Counsel's Leaked Comments Could Fuel Retaliation, Race Discrimination Claim
Amazon Exec Says General Counsel David Zapolsky's Comments Were 'Unfortunate'
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
State Appellate Court Settles Fee Battle Between Former Co-Counsel in Patent Litigation
5 minute read

Justified Termination Does Not Bar Associate Attorney From Unemployment Benefits, State Appellate Court Rules
5 minute read
Florida Law Schools Are Seeing a Bump in Applications for 2025, After Recent Declines at Flagship Schools
3 minute readTrending Stories
- 1States Accuse Trump of Thwarting Court's Funding Restoration Order
- 2Microsoft Becomes Latest Tech Company to Face Claims of Stealing Marketing Commissions From Influencers
- 3Coral Gables Attorney Busted for Stalking Lawyer
- 4Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
- 5Securities Report Says That 2024 Settlements Passed a Total of $5.2B
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250