In the complaint filed against the popular transportation network company in which drivers use their personal vehicles to provide rides to consumers, plaintiff Michael White claims that Lyft denied him employment in May 2016 based on the results of a background check obtained from a private consumer reporting agency. The results included information pertaining to 10-year-old criminal conviction.
Philadelphia’s “Ban the Box” law prohibits most employers from denying employment to applicants for criminal convictions that are more than seven years old. Even if a conviction is less than seven years old, prospective employer cannot reject an applicant based on his or her criminal record, unless such record includes a conviction for an offense that bears such relationship to the employment sought that the employer reasonably concludes that the applicant would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the applicant is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the applicant’s specific record and the particular job being sought, and conducting an individualized assessment of the risk presented.
Factors employers should consider in conducting this assessment include:
- The nature of the offense;
- The amount of time that has passed since the offense;
- The applicant’s employment history before and after the offense;
- The particular duties of the position being sought;
- Any character/employment references; and
- Any proof of rehabilitation
According to the complaint, White was recently employed as a driver at two separate companies. Given this experience, a “proper review of his history, as required by Philadelphia’s ordinance, would have shown him to be a qualified candidate for the job,” said an attorney from a law firm representing White.
White is seeking a cease and desist order against Lyft in addition to injunctive or equitable relief. He is also seeking payment up to $2,000 per violation in compensatory and punitive damages along with payment of reasonable attorney’s fees.
The case is "Michael White, et al, v. Lyft, Inc.," before the City of Philadelphia Commission on Human Relations.
Source: General Counsel Navigator Tracker News Headlines (CCH), 3/20/2017
Posted: April 18, 2017