According to a federal-court class action lawsuit filed by Outten & Golden LLP and Youth Represent, unlawful screening of job applicants at the Barclays Center, Brooklyn, violates federal and state law. Barclays Events Center does business as Barclays Center, Levy…
Posts by Category: Criminal History Check
A New Study Shows Ban the Box Policies Are Working
The National Employment Law Project (NELP) notes that more than 150 cities in 28 states have adopted some version of Ban the Box laws, with similar laws expecting to be passed in additional cities and states. The goal of the law is to prevent employers from…
EEOC’s Race Discrimination Suit Against Janitorial Company Includes Background
A new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) has revealed that the group remains interested in trying to use litigation to discourage employers from directly or indirectly screening out the protected class members who tend to be…
California Court Certifies FCRA Class of Over 40,000 Applicants
While most Fair Credit Reporting Act (FCRA) lawsuits proceed in federal court, plaintiffs are permitted to file in state court. A class action was recently filed in state court in Los Angeles, where the judge did not decide on any issues of liability, but rather that…
Senate Oks Bill Allowing Churches to Seek Background Checks for Those Working or Volunteering with Children
The Senate unanimously approved legislation sponsored by Sen. Cynthia A. Coyne to protect Rhode Island youth. Meant to help churches and other religious institutions protect children from people who have a history of abuse or other dangerous crimes, the legislation…
New California Regulations Further Limit Employers’ Ability to Use Criminal History in Making Employment Decisions
New regulations from the California Fair Employment and Housing Council that will go into effect July 1 will limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment decisions. Key changes include adverse…
Discrimination Charge Filed by the Fortune Society Against Macy’s in Background Check Dispute
Outten & Golden LLP filed an Equal Employment Opportunities Commission (EEOC) charge this month on behalf of The Fortune Society against Macy’s, Inc. The charge alleges that Macy’s violated Title VII of the Civil Rights Act of 1964, and other laws, terminating…
NY Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History
In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State Human Rights Law (NYSHRL) is limited to a party’s employer and if so, can the coverage extend to other related entities? In…
Court Certifies Three Classes in Action Challenging WMATA’s Criminal Background Check Policy
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…
New Regulations Limit California Employers’ Consideration of Criminal History
The California Fair Employment and Housing Council (FEHC) has finalized new regulations on employer consideration of criminal history, largely adopting the guidance set forth by the Equal Employment Opportunity Commission (EEOC). The regulations include expanding the…