Madison Square Garden - Criminal Background Check Discrimination

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On July 14, 2017, Plaintiffs Clint Millien and Felipe Kelly filed a complaint in the Southern District of New York against Madison Square Garden, alleging that Madison Square Garden violated the New York City Human Rights Law (NYCHRL), Article 23-A of the New York Correction Law, the Fair Credit Reporting Act (FCRA), and the New York State Fair Credit Reporting Act (NY FCRA).  New York State Law (NYCHRL, Article 23-A of the Correction Law, and NY FCRA) requires employers denying applicants based on criminal history information contained in a background check report, to provide applicants a copy of the Article 23-A of the Correction Law, and to engage in the eight-factor analysis outlined in Article 23-A, including rehabilitative information provided by the applicant, to determine whether an applicant’s criminal history makes the applicant unfit for the job, before rejecting an applicant.  Under the federal law (FCRA), employers who deny applicants for employment based on information in a background check report must provide applicants notice of its intent to deny the applicant, a copy of their background check report, and a copy of their rights under the FCRA. 

The complaint also alleges that MSG’s policy or practice of rejecting applicants based on incomplete disclosures of their criminal history has a disparate impact on African American and Latino applicants who have disproportionate incidents of arrest and convictions. The matter is currently pending in federal district court.

Outten & Golden is co-counsel in this matter, along with Youth Represent. Please contact Christopher McNerney for more information or to discuss similar matters.