The lawsuit claims that Fresh Direct failed to consider all eight factors listed in New York's corrections law before refusing to hire an applicant or fire a worker who has been previously convicted of a crime. State and city human rights laws require employers to consider all eight factors before rendering employment-based decisions for applicants and workers.
The suit alleges that Fresh Direct excluded workers based on the following conviction histories:
|
Conviction History |
Exclusion |
|---|---|
|
Violent crime in the past 20 years |
Positions involving direct customer contact or close working situations with others |
|
Certain crimes against minors |
Positions involving direct customer contact |
|
Certain crimes associated with dishonesty that occurred at any time in the past |
Any and all positions |
|
Certain crimes associated with motor vehicles |
All positions requiring use of a motor vehicle |
According to the complaint, Article 23-A and New York state and city anti-bias laws require employers to consider New York's public policy which encourages employing individuals with past criminal convictions. Factors employers should assess in rendering employment decisions in these situations include:
- the specific duties and responsibilities associated with the position;
- the time that has lapsed since the criminal offense occurred; and
- the age of the individual at the time of conviction.
The suit charges that Fresh Direct "disproportionately" emphasized some of the Article 23-A factors and failed to properly evaluate others, resulting in "discrimination on the basis of race, ethnicity, color, and national origin."
Employers are encouraged to review internal hiring policies to ensure compliance with these laws as it pertains to the state of New York and New York City. It is critical that positions are individually analyzed from a multitude of perspectives to establish appropriate and compliant exclusion terms.
Posted: May 27, 2020