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NAACP suit against Class of Employers Discriminating Due to Conviction Status

On June 25, 2015, Outten & Golden LLP, the Lawyers’ Committee for Civil Rights and NAACP attorney James Meyerson filed a New York City class action on behalf of the NAACP New York State Conference Metropolitan Council of Branches against employers who use leading job search sites Monster, Indeed, and ZipRecruiter to illegally post hundreds of job listings in New York with blanket bans on applicants with felony convictions.

It is illegal under New York State and City law to deny employment to job applicants because they have criminal records without evaluating the factors set forth in Article 23 of the New York Correction law. The employers named in this Complaint exemplify the wide-range of companies engaged in this illegal practice and include large employers in the technology and information management industry like Philips, NTT Data and Recall and smaller employers like Advance Tech Pest Control. The lawsuit seeks an injunction forbidding the defendants from posting and disseminating these illegal listings on job search websites. Monster, Indeed, and ZipRecruiter have been joined as enablers of employers’ illegal activities that are necessary to effectuate the relief sought and make sure the injunction is effective and enforced.

The case is “NAACP New York State Conference Metropolitan Council of Branches v. Philips Electronics North America Corporation, et al.,” in the Supreme Court of the State of New York, New York County. To view a copy of the complaint, please click here. Job applicants who wish to report their experiences with blanket felony bans to employment, and those who simply wish to learn more about the lawsuit, may contact Ossai Miazad or Christopher M. McNerney, attorneys at Outten & Golden, at (212) 245-1000, or email convictionjustice@outtengolden.com.

On April 8, 2016, Judge Mendez denied a motion to dismiss by the job search websites, Monster, Indeed, and ZipRecruiter, ruling that they were necessary for complete relief because employers’ alleged discriminatory ads were viewed through their websites.  To review a copy of the opinion, please click here.

On July 18, 2016, Judge Mendez denied the motions to dismiss of defendants Philips  and NTT Data , ruling (among other holdings) that “[t]he Court’s policy to ‘rule on issues of great public significance which are likely to recur . . . .’ is a basis to decline to find this action is moot.” Click here to view the Order Denying Philips’s Motion to Dismiss, and here to view the Order Denying NTT Data’s Motion to Dismiss.

On October 13, 2016, Judge Mendez granted preliminary approval of a settlement and conditionally certified a class of New York City employers who are alleged to illegal post job listings with blanket bans on applicants with felony convictions.  That same day, Judge Mendez also denied the Joined Defendants motion to reargue and renew their motion to dismiss. Click here to view the Order Denying Job Search Websites’ Motion to Reargue and Renew Motion to Dismiss, and click here to see the Order Granting Plaintiff’s Motion for Preliminary Approval of a Class Action Settlement.

Case Documents

September 28, 2016 Order Denying Job Search Websites’ Motion to Reargue and Renew Motion to Dismiss

Sep 28, 2016

September 28, 2016 Order Granting Plaintiff’s Motion for Preliminary Approval of a Class Action Settlement

Sep 28, 2016

July 18, 2016 Order Denying NTT Data’s Motion to Dismiss

Jul 18, 2016

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