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Outten & Golden LLP: Madison Square Garden Allegedly Violated Background Check Laws

Apr 26, 2017 / Press Release

PRNewswire — Outten & Golden LLP

Madison Square Garden (“MSG”), the world-famous entertainment venue, allegedly violated federal and state law with its background check practices in making hiring decisions, according to a complaint filed in New York State Court today by the Outten & Golden LLP law firm and Youth Represent.

In a complaint filed in New York state court, MSG is accused 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.  According to the complaint, this practice violates the federal Fair Credit Reporting Act and the New York State Fair Credit Reporting Act, and discriminates against individuals with criminal records.

According to the Complaint, Clint Millien, the Plaintiff in this action, applied to work at MSG and was offered a position in “food prep” in 2015.  Mr. Millien was told that he would have an orientation in early August and that he would start working for MSG after the orientation.  However, before then, Mr. Millien received a phone call from an MSG employee informing him that MSG was rescinding its employment offer as a result of its background check.

Mr. Millien said, “I felt like I was qualified for the position and was very disappointed that I was denied a chance to succeed.”

According to the complaint, “Without notice that a consumer report is going to be used to take adverse action against them, job applicants are hindered in their ability to preserve their privacy, provide context for their criminal histories, or to correct errors or other problems with the report.” 

Ossai Miazad, a partner in Outten & Golden’s New York office, said, “The laws at issue here ensure that employers follow strict procedures before denying employment on the basis of a criminal record.  By failing to follow those procedures, employers deny applicants an opportunity to learn the reasons why they were fired and potentially explain why they should nonetheless get the job.”

Michael C. Pope, Youth Represent’s legal director, said, “The process breaks down when employers do not follow the FCRA and miss out on qualified job applicants like Mr. Millien.”

Lawyers for Mr. Millien seek certification of the case as a class action, statutory and/or actual damages, exemplary and punitive damages, pre-judgment and post-judgment interest, reasonable attorneys’ fees, costs, and expenses.

The case is “Clint Millien v. Madison Square Garden Company,” Index No. 652225/2017 before the Supreme Court of the State of New York, New York County.

Contacts: Ossai Miazad, Outten & Golden LLP, 212.245.1000; and Michael C. Pope, Youth Represent, 646.759.8080.

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