NAACP Suit Against Class Of Employers Discriminating Due To Conviction Status

Status:
Active

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 City 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 Article 23 of the New York Correction law.  The employers named in this Complaint exemplified the wide-range of companies engaged in this illegal practice and include large employers in the technology and information management industry.

On December 12, 2017, the Court granted preliminary approval of a defendant class action settlement between the NAACP and defendant class of employers in New York City who improperly barred individuals with felony convictions from applying to their job ads.  On May 16, 2018, the Court granted final approval of the settlement.  Under the settlement, all Defendant Class Members are enjoined from posting and disseminating these illegal listings on job search websites.  Pursuant to the settlement agreement, Defendant Class Members with 15 or more employees have additional obligations.

The case is “NAACP New York State Conference Metropolitan Council of Branches v. Philips Electronics North America Corporation, et al.,” in the Supreme Court of the State of New York, New York County. To view a copy of the amended complaint, please click here.   Job applicants who wish to report their experiences with blanket felony bans to employment, and those who simply wish to learn more about the lawsuit, may contact Ossai Miazad or Christopher M. McNerney, attorneys at Outten & Golden, at (212) 245-1000, or email @email.