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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

KING COUNTY SUPERIOR COURT
8

9 STATE OF WASHINGTON, NO.

10 Plaintiff, ASSURANCE OF
v. DISCONTINUANCE
11
AMAZON.COM, INC., AND AMAZON
12 LOGISTICS, INC.,

13 Respondents.

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ASSURANCE OF ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
DISCONTINUANCE 800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 464-7744
DocuSign Envelope ID: F53BCFF5-521F-4925-B1DF-A79AAD5B23BA

1
STATE OF WASHINGTON
2 KING COUNTY SUPERIOR COURT
AT SEATTLE
3
In the matter of: NO.
4
AMAZON.COM, INC., and AMAZON ASSURANCE OF
5 LOGISTICS, INC., DISCONTINUANCE
6 Respondents.
7 The State of Washington (the State), by and through its attorneys, Robert W. Ferguson,

8 Attorney General, and Marsha Chien, Assistant Attorney General, files this Assurance of

9 Discontinuance pursuant to RCW 19.86.100 to enforce the Washington Fair Chance Act, RCW

10 49.94.005–49.94.901. The Fair Chance Act assigns the Attorney General’s Office responsibility for

11 enforcing its provisions. RCW 49.94.030(1).

12 I. INTRODUCTION
13 1.1 Respondents Amazon.com, Inc. and Amazon Logistics, Inc. (collectively, Amazon)

14 are for-profit businesses that operate in Washington State, including in Seattle. The State

15 believes that Amazon is an employer for purposes of the Fair Chance Act. See

16 RCW 49.94.005(2) (defining “employer” to include private individuals, businesses and

17 corporations, and contractors). Amazon denies that it qualifies as an “employer” under the Fair

18 Chance Act or any other federal, state, or local employment law.

19 1.2 This Assurance of Discontinuance, entered between the State and Amazon (the

20 Parties), resolves the State’s contention that Amazon violated the Fair Chance Act through the

21 following practices undertaken in connection with its operation of the Amazon Flex Mobile

22 Application (“Flex App”) for the Amazon Flex delivery driver program: (1) advertising

23 opportunities with Amazon Flex in a way that excludes people with criminal records from

24 applying; and/or (2) implementing a policy or practice that automatically or categorically

25 excluded individuals with criminal records from consideration prior to an initial determination

26 that the individual is otherwise qualified for the Amazon Flex program. RCW 49.94.010(2)-(3).

ASSURANCE OF DISCONTINUANCE 1 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
DocuSign Envelope ID: F53BCFF5-521F-4925-B1DF-A79AAD5B23BA

1 1.3 Amazon believes that it has fully complied at all times with all applicable laws, and
2 denies that it has engaged in any act or practice in violation of the Washington Fair Chance Act or
3 any other law. It is Amazon’s contention that it has never inquired and/or obtained criminal history
4 information about any individual who has sought a delivery opportunity with Amazon Flex
5 (individuals who provide delivery services to Amazon through Amazon Flex are referred to herein
6 as “Delivery Partners”) until after the sign-up process has concluded or until after Amazon has
7 determined that the prospective Delivery Partner is otherwise qualified for an independent
8 contractor opportunity. This Assurance of Discontinuance is a voluntary agreement and it shall
9 not in any way be construed as an admission of law, fact, liability, or misconduct by Amazon,
10 including without limitation, as a violation of the Fair Chance Act.
11 1.4 All communications related to this Assurance of Discontinuance may be directed
12 to: Civil Rights Division, Office of the Attorney General, 800 Fifth Avenue, Suite 2000, Seattle,
13 WA, 98104.
14 II. BACKGROUND
15 2.1 The Attorney General’s Office opened an investigation into Amazon’s practices
16 in relation to the Flex App in March 2020 after receiving a complaint that Amazon’s practices
17 in relation to this program violate the Fair Chance Act.
18 2.2 Amazon operates the Flex App. Prospective Delivery Partners download the Flex
19 App, create accounts, and complete the sign-up process to select delivery opportunities.
20 Prospective Delivery Partners must download the Amazon Flex App and use it to sign-up for
21 those opportunities.
22 2.3 Specifically, as part of the Attorney General’s Office investigation into the
23 Amazon Flex App in March 2020, it observed the following:
24 Once an individual downloaded the Flex App, they indicated where they would like to
25 deliver packages for Amazon as a Delivery Partner and the days and times on which they would
26 like to do so. If Amazon had a need for Delivery Partners in that area and on those days and

ASSURANCE OF DISCONTINUANCE 2 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
DocuSign Envelope ID: F53BCFF5-521F-4925-B1DF-A79AAD5B23BA

1 times, the Flex App took the user to a Welcome Page, which explained that eligibility for a
2 delivery opportunity was dependent upon passing a criminal background check. In order to
3 proceed with the sign-up process, the individual was also required to view Amazon’s Program
4 Requirements, which was Exhibit A to the Terms of Service and also reiterated that the
5 individual must pass a criminal background check. The State believes that statements
6 concerning the criminal background check were made before Amazon initially determined that
7 the prospective Delivery Partner was otherwise qualified for a delivery opportunity, i.e., before
8 they were asked to provide any personal information from which it could be determined whether
9 they met the basic criteria for the position, including being 21 years or older, and having a valid
10 driver’s license, appropriate auto insurance, and a bank account.
11 2.4 Based on the foregoing, the Attorney General’s Office believes that Amazon’s
12 practices violated the Fair Chance Act. Accordingly, in April 2020, the Attorney General’s
13 Office sent Amazon a notice of first violation and offer of agency assistance pursuant to RCW
14 49.94.030(2). The notice of first violation was sent via regular mail to the physical address of
15 Amazon’s Human Resources Department. Because by March 2020 nearly all Amazon personnel
16 had transitioned to remote work due to the COVID-19 pandemic, Amazon was not aware that
17 the notice had been sent and, for that reason, never responded.
18 2.5 Because the Attorney General’s Office did not receive a response to the April
19 2020 notice, in December 2020, the Attorney General’s Office sent Amazon a notice of second
20 violation along with a civil investigative demand for additional information pursuant to RCW
21 49.94.030(2).
22 2.6 Amazon disagreed with the State’s position, but in June 2022, Amazon
23 voluntarily made changes to the Flex App to address the Attorney General’s Office’s concerns,
24 including removing any mention of a criminal background check requirement prior to collecting
25 all the information the AGO believed was necessary to determine that the individual is otherwise
26 qualified to perform delivery services as a Delivery Partner.

ASSURANCE OF DISCONTINUANCE 3 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
DocuSign Envelope ID: F53BCFF5-521F-4925-B1DF-A79AAD5B23BA

1 2.4 The Parties now resolve the allegations made by the State without the need for
2 additional investigation or litigation.
3 III. ASSURANCE OF DISCONTINUANCE
4 3.1 As it relates to the Flex App, Amazon, and its directors, officers, agents,
5 employees, successors, agree they will refrain from the following:
6 3.1.1 Referencing a criminal background check requirement until a prospective
7 Delivery Partner has submitted information that is sufficient for Amazon to
8 determine whether the prospective Delivery Partner is otherwise qualified to be a
9 Delivery Partner ;1 and
10 3.1.2 Advertising Delivery Partner opportunities with Amazon Flex in a way that
11 excludes people with criminal records from those opportunities.
12 3.2 Specifically, Amazon has adopted the following revisions to the Flex App, and
13 will continue to ensure that the Flex App operates in accordance with these changes, which
14 include removing any requirement or reference to the need for a criminal background check as
15 part of the sign-up process for a prospective Delivery Partner prior to collecting information
16 necessary to Amazon’s determination of whether the individual is otherwise qualified for a
17 delivery opportunity, including (1) the prospective Delivery Partner’s zip code, days and hours
18 of availability, and vehicle type, and (2) attestations that the Delivery Partner is at least 21 years
19 old, has a valid driver’s license, has appropriate auto insurance, and has a bank account for
20 payment. The Attorney General’s Office agrees that these updates comply with the requirements
21 listed in Paragraphs 3.1.1 and 3.1.2.
22 IV. REFERRAL TO THE ATTORNEY GENERAL’S OFFICE
23 4.1. Any individual who has sought a delivery opportunity with Amazon Flex who
24 believes that Amazon is in violation of this Assurance of Discontinuance or the Fair Chance
25
1
“Otherwise qualified” means that the individual meets the basic criteria for an independent contractor
26 opportunity with Amazon Flex without consideration of criminal record.

ASSURANCE OF DISCONTINUANCE 4 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
DocuSign Envelope ID: F53BCFF5-521F-4925-B1DF-A79AAD5B23BA

1 Act can contact the Attorney General’s Office at either [email protected] or (833)
2 660-4877.
3 V. PAYMENT TO STATE
4 5.1 Within 21 days of entry of this Assurance of Discontinuance, Amazon shall pay
5 $18,714 to the Attorney General of Washington. The Attorney General’s Office shall use the
6 payment for satisfaction of the $750 fine imposed pursuant RCW 49.94.030(2), recovery of the
7 Attorney General’s Office fees and costs in investigating this matter, and/or monitoring
8 compliance with this Assurance of Discontinuance.
9 VI. ENFORCEMENT
10 6.1 The Court shall retain jurisdiction to enforce the terms of this Assurance of
11 Discontinuance.
12 6.2 The State may move the Court to enforce the Assurance of Discontinuance in the
13 event of noncompliance, whether intentional or not, with any of its terms, or if it believes the
14 interests of justice so require. The State agrees that before seeking to enforce the Assurance of
15 Discontinuance with the Court, it will notify Amazon of any alleged noncompliance and provide
16 Amazon with a reasonable opportunity of no less than 60 days to remedy the alleged
17 noncompliance.
18 VII. ADDITIONAL PROVISIONS
19 7.1 Nothing in this Assurance of Discontinuance shall be construed to limit or bar
20 any other governmental entity or person from pursuing other available remedies against Amazon.
21 7.2 The Parties agree that this Assurance of Discontinuance concludes the
22 investigation and resolves the Attorney General’s Office concerns under the Fair Chance Act.
23 Because litigation is not reasonably foreseeable concerning the matters described above, to the
24 extent that either party previously implemented a litigation hold to preserve documents,
25 electronically stored information, or things related to the matters described above, the party is
26 no longer required to maintain such litigation hold. Nothing in this paragraph relieves either

ASSURANCE OF DISCONTINUANCE 5 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
DocuSign Envelope ID: F53BCFF5-521F-4925-B1DF-A79AAD5B23BA

1 party of any other obligations imposed by this Assurance of Discontinuance. Any Order Setting
2 Civil Case Schedule in this matter, including the trial date, shall be vacated.
3

4 APPROVED on this ____ day of _______________, 2022.

5

6
__________________________________
7
JUDGE/COURT COMMISSIONER
8

9 Presented by: Agreed to and approved for entry by:

10 ROBERT W. FERGUSON MORGAN, LEWIS & BOCKIUS

Attorney General LLP
11

12 _________
MARSHA CHIEN, WSBA No. 47020 GREGORY PARKS, PA BAR # 80620
13 Assistant Attorney General CHLOE LEIGH, PA BAR # 322406
Wing Luke Civil Rights Division Morgan, Lewis & Bockius LLP
14 Office of the Attorney General 1701 Market Street
800 5th Avenue, Suite 2000 Philadelphia, PA 19103-2921
15 Seattle, WA 98104 (215) 963-5345
(206) 464-7744 [email protected]
16 [email protected] [email protected]

17 Attorney for Plaintiff State of Washington

AMAZON
18

19
__________________________________
20 Zane Brown, WSBA #
Amazon
21 2021 7th Ave. – 11th Fl.
Seattle, WA 98121
22

23 Attorneys for Respondents Amazon.com,

Inc. and Amazon Logistics, Inc.
24

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ASSURANCE OF DISCONTINUANCE 6 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492