Discrimination & Harassment

Background Checks, Credit History & Criminal Record

Outten & Golden attorneys represent people who have been denied employment because of information an employer received through a background check, including credit histories and criminal records. In certain situations, an employer’s use of this information to make an employment decision violates the law.

Employers are increasingly conducting background checks on applicants and using criminal and credit history as grounds for denying employment. Because of the racial and ethnic disparities in the criminal justice system and in the credit rating system, the use of background checks can result in discrimination. Even though the discrimination may not be intentional, the federal Civil Rights Act and a number of state and local laws make it illegal for an employer to use a screening device that causes a disparate impact based on an individual's race or ethnicity.

Contact Employment Discrimination Attorneys

Outten & Golden lawyers can help individuals determine whether their criminal or credit history played a role in an employment decision and, if so, whether they have grounds for pursuing a case against the employer. If you believe you have been subjected to background check or criminal record employment discrimination, please contact the firm through the ”Contact Us" form or by calling us in the New York, Chicago, San Francisco, or Washington, DC office (see bottom of page for phone numbers) to begin the Outten & Golden intake process.

For more information on Credit History, Criminal History, and Background Checks, please visit the Criminal and Credit History Discrimination website.

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Related Cases

NTT Data, Inc. – Criminal History Discrimination Class Action


On August 15, 2018, Outten & Golden filed suit against NTT Data, Inc., one of the largest information technology services providers in the world.  The suit challenges NTT’s blanket rejection of job applicants with criminal records, even where their criminal history has no bearing on an ability to...

Madison Square Garden - Criminal Background Check Discrimination


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...


Macy’s Hit With Class Lawsuit Over Criminal History Checks

Outten & Golden LLP, NAACP Legal Defense & Educational Fund Inc., and Youth Represent

Macy’s Inc. illegally rejects job applicants, revokes job offers, and terminates employment based on old, minor, and unrelated criminal histories, a class action filed June 26 alleges.

Employment Lawyers Conference in the #MeToo Era

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Third Circuit Rules in Plaintiffs' Favor, According to Outten & Golden LLP and Co-Counsel

PRNewswire—Outten & Golden LLP

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 LLP and 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...