CRA_DR_Blue_V2.0.jpg
Intelicrunch_Banner_Header.jpg

Fresh Direct Hit with Class Lawsuit Championed by Outten & Golden Over Criminal History Checks


NEW YORK, May 4, 2020 /PRNewswire/ -- Two NYC job applicants to Fresh Direct, one who had already performed the work of the job for approximately five months, filed a class action lawsuit against the grocery delivery service alleging that they and others who were otherwise qualified to work for FreshDirect were illegally rejected based on the companies criminal history screening process in violation of the New York City Human Rights Law. FreshDirect has "instituted a sham process for evaluating applicants' criminal histories," it says. The complaint alleges violations of New York State and City civil rights laws requiring an individualized assessment of qualifications for employment before an applicant is denied a job because of his or her criminal record. According to the complaint, FreshDirect instead uses "categorical bans on wide swaths of convictions before any individual Article 23-A analysis" while also "excessively weighing certain Article 23-A factors over other factors" and "refusing to solicit relevant information from applicants before performing its analysis as required under the law."

The public policy of New York City and State is to encourage the employment of persons with criminal convictions and "reverse the long history of employment discrimination against" them by "eliminating many of the obstacles to employment." The recently enacted New York City Fair Chance Act codifies even greater protections for such individuals, dictating how an employer must complete its Article 23-A analysis and the steps it must take before denying employment to an applicant because of criminal history. Similar "ban-the-box" laws that bar employers from factoring criminal convictions into employment decisions have been enacted in 35 states and more than 150 cities and counties.

Outten & Golden partner, Ossai Miazad, says: "This lawsuit is crucial to ensuring that the strong protections enacted by the people of New York State and City are put to work for the benefit of all New Yorkers with criminal records." Outten & Golden attorney, Christopher McNerney, adds: "During this unemployment crisis caused by the COVID-19 pandemic, it is even more vital to ensure that employers that continue to hire workers live up to their obligation to give a fair shake to applicants with criminal records." FULL RELEASE

© 2020  InteliCrunch.com

InteliCrunch is a free service provided by a collective of people who monitor the background screening industry and how events affect not only the people in it, but even more importantly, the real human impact the industry has on today's society.*All third party logos and / or images used on this website are the sole property and / or registered trademarks of their respective companies or copyright holders. Use of these logos, images or likenesses does not, in any way, imply the endorsement of InteliCrunch by any of the businesses, brands or individuals represented, their parent companies, officers, employees, partners, or affiliates. Any such usage is for informational / news purposes only.  Any / all articles, announcements, releases or third-party-authored content is / are linked back to the original "source"  and author credit given  Furthermore, InteliCrunch is not responsible for, and does not warrant the safety of any third-party links or sites to which any viewer may be directed from InteliCrunch.  InteliCrunch has made reasonable efforts to ensure that any news or informational links on the site are from "known and reputable"  sources / websites.