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Current Cases

Current Cases

Barclays Event Center Background Check Lawsuit

On August 7, 2017, Outten & Golden LLP and Youth Represent, on behalf of Felipe Kelly and potential class members, filed suit against Barclays Event Center and related entities ("Barclays"). In the complaint, Mr. Kelly accused Barclays of failing to follow the processes for running background checks outlined in the recently enacted Fair Chance Act, as well as the Fair Credit Reporting Act ("FCRA") and New York FCRA. Mr. Barclays brings claims for himself, and on behalf of a potential class of job applicants similarly denied employment by Barclays, for violation of the New York City Fair...
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Census Worker Class Action Lawsuit

Case Introduction Over the past two years, the United States Census Bureau (“Census”) has engaged in the temporary hiring of over one million temporary workers to conduct the 2010 census in a manner which has discriminated against over one hundred thousand African Americans, Latinos, and Native Americans. Plaintiffs filed a class action lawsuit on April 13, 2010 to challenge this discriminatory practice, and amended their Complaint on August 5, 2010. All applicants for the 2010 Census with an arrest record for any offense at any point in their lives – no matter how trivial or disconnected...
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DHL Applicant’s Conviction Discrimination Lawsuit

On March 28, 2017, Outten & Golden, LLP filed an Equal Employment Opportunities Commission (“EEOC”) charge on behalf of Walter Pickett and a putative class of other job applicants similarly impacted by DHL Supply Chain’s (“DHL’s”) criminal background check policies and practices. Mr. Pickett alleges that DHL violated Title VII of the Civil Rights Act of 1964 (“Title VII”) by refusing to hire as employees individuals like him with criminal histories. According to his EEOC charge, Mr. Pickett was hired for a temporary warehouse position in February 2016 by Snider-Blake, a staffing agency...
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Geo Group Background Check Lawsuit

Case Introduction On October 30, 2015, Outten & Golden LLP filed a nationwide class action against The Geo Group, Inc. (“Geo Group”), and Accurate Background, Inc., on behalf of plaintiff Eric Keels and all similarly situated applicants for employment with Geo Group. The lawsuit alleges that Geo Group and Accurate Background, Inc. systematically violated federal law in the way they conducted criminal background checks of Geo Group job applicants. The Fair Credit Reporting Act (FCRA) requires that, before denying or revoking a job offer based on background check results, employers must...
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Hertz Background Check Lawsuit

Case Introduction On June 9, 2015, Outten & Golden LLP and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed a nationwide class action against the Hertz Corporation and Sterling Infosystems, Inc., on behalf of plaintiff Peter Lee and all similarly situated applicants for employment with Hertz. The lawsuit alleges that Hertz and Sterling systematically violated federal law in the way they conducted criminal background checks of Hertz job applicants. Under the Fair Credit Reporting Act (FCRA), employers must provide job applicants with a clear written disclosure in...
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Macy's Criminal History Discrimination

On May 15, 2017, Outten & Golden, LLP filed an Equal Employment Opportunities Commission (“EEOC”) charge on behalf of The Fortune Society (“Fortune”) against Macy’s, Inc. alleging that that the retailer’s criminal background check policies and practices used to screen job applicants results in discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq . Macy’s, Inc. owns and operates hundreds of stores under the names of Macy’s, Bloomingdales, Bloomingdale’s Outlet, Macy’s Backstage, and Bluemercury (collectively “Macy’s”). Fortune contends that...
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Madison Square Garden Conviction Discrimination Lawsuit

On April 26, 2017, Outten & Golden LLP and Youth Represent, on behalf of Client Millien and others, filed suit against Madison Square Gardens (“MSG”). In the complaint, Mr. Millien accused MSG of illegally running background checks on applicants and using them to deny job opportunities without providing sufficient and timely notification of MSG’s intent to use information contained in the reports against applicants. Mr. Millien brings claims for himself, and on behalf of a potential class of job applicants similarly denied employment by MSG, for violation of the federal Fair Credit...
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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...
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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...
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SEPTA Conviction Discrimination Lawsuit

On April 27, 2016, Outten & Golden, LLP, Philadelphia Lawyers for Social Equity, the Lawyers’ Committee for Civil Rights Under Law, the Public Interest Law Center, and Willig, Williams & Davidson filed a proposed class action lawsuit on behalf of Frank Long and other job applicants similarly impacted by the Southeastern Pennsylvania Transportation Authority’s (“SEPTA”) criminal background check policies and practices. Plaintiffs allege that SEPTA violated the Fair Credit Reporting Act (“FCRA”) by failing to properly inform job applicants that it was requesting to run background checks...
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Target Criminal Background Check Discrimination

On April 5, 2018, Outten & Golden LLP along with our co-counsel, NAACP Legal Defense and Educational Fund, Inc., filed a disparate impact class action lawsuit Target Corp. in the federal district court for the Southern District of New York. The case, Times v. Target Corp. , was brought by Plaintiffs Carnella Times and Erving Smith and an Organizational Plaintiff, The Fortune Society. The lawsuit alleges that Target violated Title VII of the Civil Rights Act of 1964 by utilizing a job applicant screening process that systematically eliminated qualified African-Americans and Latinos from...
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