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News and Announcements

3rd Circ. Breathes New Life Into Job Applicants’ SEPTA Suit

Sep 11, 2018 / News Item /
Workers alleging they were improperly denied jobs due to the results of pre-employment background checks have standing to sue the Southeastern Pennsylvania Transportation Authority under the Fair Credit Reporting Act for not providing them a copy of the reports before turning them down for jobs, the Third Circuit ruled Monday. In a precedential ruling, a three-judge panel upheld part of U.S. District Judge Petrese B. Tucker’s April 2017 decision tossing an allegation that SEPTA failed to properly inform a trio of would-be SEPTA employees of their FCRA rights when they weren’t hired because of...
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Third Circuit Rules in Plaintiffs' Favor, According to Outten & Golden LLP and Co-Counsel

Sep 11, 2018 / Press Release /
The Third Circuit ruled yesterday that job applicants have standing to sue under the Fair Credit Reporting Act in a criminal history lawsuit brought by plaintiffs against their prospective employer, SEPTA, says Outten & Golden LLPand a coalition of legal advocates. Filed in federal court in Philadelphia in 2016, the class action accuses SEPTA, the nation's sixth-largest public transportation system, of routinely rejecting job applicants based on information contained in reports obtained from background check companies. In finding that Plaintiffs have standing to sue, the Third Circuit...
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3rd Circ. Urged To Revive SEPTA Background Check Suit

Dec 12, 2017 / Media Coverage /
The Third Circuit was urged during oral arguments on Tuesday to revive class claims accusing the Southeastern Pennsylvania Transportation Authority of failing to provide job applicants with a chance to respond to consumer reports detailing criminal histories that the agency said disqualified them from employment. Deeptak Guta, an attorney with Gupta Wessler PLLC representing the three lead plaintiffs in the case, argued that the trial court had created an insurmountable hurdle by requiring the would-be SEPTA workers to show that the reports, which they never received copies of, contained...
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Barclays Center Flouts ‘Criminal History’ Hiring Law, Suit Says

Aug 8, 2017 / Media Coverage /
The Barclays Center, home of the NBA’s Brooklyn Nets, unlawfully denies employment to job seekers with criminal records without giving them required notice of their rights or a chance to explain their convictions, a proposed class of workers alleges ( Kelly v. Brooklyn Events Ctr., LLC , E.D.N.Y., No. 1:17-cv-04600, class complaint filed 8/4/17 ). The actions of Brooklyn Events Center LLC, which owns and operates the arena, and two companies that provide food services at the venue also violate laws prohibiting employment discrimination on the basis of race and national origin by improperly...
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NY Arena Sued For Nixing Job Offer Over Criminal Record

Aug 8, 2017 / Media Coverage /
The Barclays Center in Brooklyn, New York, was hit on Friday with a proposed class action lawsuit alleging that it uses a discriminatory criminal history screening policy that denies jobs to potential workers who are otherwise qualified applicants. Felipe Kelly filed a complaint in New York federal court against Barclays Center, Levy Premium Foodservice Limited Partnership and Levy’s subsidiary Professional Sports Catering LLC, saying that he was qualified for a job he sought with the companies, but his conditional employment offer was taken away based on criminal history revealed by a...
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Outten & Golden LLP: Barclays Accused of Illegal Screening of Job Applicants

Aug 7, 2017 / Press Release
Unlawful screening of job applicants seeking employment at the Barclays Center in Brooklyn violates federal and state law, according to a federal-court class action lawsuit filed by Outten & Golden LLP and the nonprofit organization Youth Represent . Filed in federal court in the Eastern District of New York, the lawsuit alleges that Barclays used “flawed and discriminatory criminal history screening policies and practices” to deny employment opportunities to otherwise qualified job applicants. The defendants are Barclays Events Center, LLC, doing business as Barclays Center, Levy...
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Outten & Golden LLP: Discrimination Charge Filed by the Fortune Society Against Macy's in Background Check Dispute

May 17, 2017 / Press Release /
Outten & Golden LLP filed an Equal Employment Opportunities Commission (EEOC) charge on May 15, 2017 on behalf of The Fortune Society against Macy's, Inc., alleging that the retailer's criminal background check policies and practices used to screen job applicants results in discrimination in violation of federal and local laws. Macy's, Inc. owns and operates more than 800 stores throughout the United States, Guam, and Puerto Rico under the names of Macy's, Bloomingdales, Bloomingdale's Outlet, Macy's Backstage, and Bluemercury (collectively "Macy's"). It maintains executive offices in...
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Pa. Transit Agency's Ex-Drug Convict Hiring Ban Challenged

May 5, 2017 / Media Coverage /
A Philadelphia-area public transit agency is facing a putative class action in state court over an employment policy that challengers say illegally bars individuals with drug convictions from working as drivers or holding certain maintenance positions. A trio of would-be Southeastern Pennsylvania Transportation Authority workers say the policy violates provisions of the state’s Criminal History Record Information Act allowing employers to consider a candidate’s convictions only so far as they relate to his or her suitability for the position being sought. “Rather than making assessments of...
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Madison Square Garden rejected job applicants for having criminal records, lawsuit claims

Apr 27, 2017 / Media Coverage /
The Knicks aren’t the only lousy thing at Madison Square Garden — the Garden’s hiring practices are awful as well, according to a new class action lawsuit. In fact, the place that calls itself “The World’s Most Famous Arena” habitually discriminates against job applicants with criminal records such as misdemeanors, the suit says. Clint Millien says in a lawsuit to be filed in Manhattan Supreme Court Wednesday that MSG rescinded its offer for a food prep job after he failed a background check due to two misdemeanor convictions when he was 19 years old. “Why is it still biting me in the ass?”...
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