Gibson Dunn & Crutcher partner Jason Schwartz on Tuesday urged a three-judge panel of the U.S. Court of Appeals for the Second Circuit to uphold a Brooklyn federal judge’s dismissal of a discrimination and retaliation lawsuit against Amazon, arguing that a former Amazon employee fired amid the COVID-19 pandemic failed to plausibly allege intentional discrimination.

“He alleges that the company ‘gave greater diligence to the health and safety of managers.’ Even if that was true, that’s not intentional race discrimination … there are members of various races in both groups,” Schwartz said, referring to Amazon’s management compared to its warehouse workforce.

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