Madison Square Garden - Race Discrimination Based on Results of Criminal Background Check
On August 14, 2008, Outten & Golden’s client filed a class-wide race discrimination charge with the Equal Employment Opportunity Commission against Madison Square Garden alleging that MSG discriminates against African-American job applicants by illegally using criminal history reports in making hiring decisions. The charge alleges that, by revoking an offer of employment to Outten & Golden’s client, MSG violated Title VII of the Civil Rights Act of 1964 and engaged in a policy or pattern and practice of discrimination against African-American job applicants. A corporate policy that bans hiring formerly incarcerated individuals has a disparate impact on African Americans and Hispanics because a disproportionate number of ex-offenders are racial minorities. An employer may not use hiring criteria that have a disparate impact on racial minorities unless it can show that those criteria are “job related” and “consistent with business necessity.” New York City and State laws also prohibit employers from discriminating against job applicants on account of their criminal convictions unless there is a “direct relationship” between the conviction and the job at issue. Outten & Golden is currently investigating similar claims major retail chains and companies. Outten & Golden is co-counsel in this matter with Manhattan Legal Services.
Please contact Justin M. Swartz for more information or to discuss similar matters.
(Prior results do not guarantee a similar outcome.)