Tag: Hotel Employee

Former Hotel Employee Drops Background Check Discrimination Class Action The plaintiff in a proposed class action claiming that the owner of a chain of hotels violated New York City’s Fair Chance Act has dropped the claim. The notice that the plaintiff would drop the case against the Pennsylvania-based real estate investment trust that owns the hotels was filed in a federal court based in New York over the previous week. This case began in March of this year after the plaintiff received an offer in January to work as a bellhop at a downtown hotel in New York City. According to the plaintiff’s claims, after a week of employment, the offer was suddenly rescinded. At approximately the same time, the plaintiff received an “Adverse Action Notice,” which stated that the offer of employment was being rescinded and that the “decision was based in whole or part, on the information provided to us in a Consumer Report or Investigative Consumer Report.” The plaintiff alleges that the defendants violated several laws beginning with a failure to receive authorization to perform a background check. Further, the plaintiff argues that the employer violated the city’s Fair Chance Act again with its decision to deny him employment based on his criminal history without providing him with detailed explanations of why his convictions would disqualify him from employment as a bellhop. This includes a copy of Article 23-A which details the reasons for which an applicant can be rejected based upon conviction history. If given the opportunity to receive this documentation, the plaintiff argues that he could have responded and presented evidence of good conduct and rehabilitation in order to offset any negative inferences that his conviction history could have raised. The plaintiff filed a proposed class action attempting to represent a class of individuals who were denied employment as a result of their criminal history. According to the proposed class action, the defendant engaged in a pattern similar to other applicants. However, the council for the defendants stated that the defendants had already demonstrated that the employer’s application process was in line with city requirements and that this case simply served to emphasize the need for applicants with a criminal history to be forthright when looking for employment. Though the plaintiff, in this case, has dropped the proposed class action, this case should still serve as a reminder for employers of the importance of ensuring compliance with legal requirements in their employment screening processes. The best way to do this is to partner with a background check provider you can trust to help build an effective screening process that remains in line with all local, state, and federal requirements. Make sure your company policies are compliant with New York State law by reading up on fair chance hiring practices. Learn more by downloading our free resource on Adverse Action Notice Protocols in Compliance With FCRA Source

Tag: Hotel Employee

Former Hotel Employee Drops Background Check Discrimination Class Action

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