Pending Litigation Against Macy’s Over Use of Criminal History…

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Companies need to ensure their policies are fully compliant with law in order to avoid potential litigation and the potential of fines.

Macy's is facing litigation over its hiring policies and, specifically, alleged non-compliance to Title VII of the Civil Rights Act of 1964. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: "Whenever a potential class action lawsuit is presented human resource departments should sit up and take note; and work with a well-qualified third-party pre-employment background screening agency in order to stay compliant with law."

New litigation against Macy's alleges racial discrimination in their hiring practices.

From HRDive.com (Jul. 02, 19):

A new class action alleged that Macy's rejects job applicants, revokes job offers and terminates the employment of people with criminal histories — even when the convictions are old, minor and/or unrelated to the job — in violation of Title VII of the Civil Rights Act of 1964, the Fair Credit Reporting Act (FCRA) and New York law (The Fortune Society, Inc., et al. v. Macy's, Inc., No. 19-cv-05961 (S.D.N.Y. June 26, 2019)).

The lawsuit was brought by The Fortune Society (Fortune), a nonprofit that provides reentry assistance to individuals impacted by the criminal justice system. Fortune alleged that Macy's policies and practices reinforce the racial discrimination present in the criminal justice system and result in unjustified racial disparities in employment opportunities. (1)

Almeida adds: "Companies need to ensure their policies are fully compliant with law in order to avoid potential litigation and the potential of fines."

Litigation also alleges that "Macy’s has violated the Fair Credit Reporting Act by rejecting applicants or terminating employees based on information contained in criminal background reports without providing individuals with a copy of their report, a notice of their rights, or a timely notification of its intent to take an adverse employment action." (2)

Almeida states: "The challenge is with how criminal histories, specifically, and background checks, overall, are used and managed. Potential discrimination is something every hiring manager should be aware of in order to maintain compliance in hiring practices."

From NBCNews.com (Jun 27, 19) further explaining the scope of the litigation.

Macy's discriminates against black and Latino people by firing or refusing to hire people who have past criminal convictions, even if the violations were minor, old or wouldn't impede an employee's ability to do a job, a lawsuit filed Wednesday alleges. (3)

Almeida concludes: "In the end a best practice remains for Human Resources Departments to work with a well-qualified third-party background screening agency in order to remain compliant with law and avoid potentially expensive litigation."

CriminalBackgroundRecords.com is a third-party background screening company with highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with CriminalBackgroundRecords.com.

Notes:
(1)    hrdive.com/news/macys-accused-of-racial-discrimination-on-the-basis-of-criminal-history/557904/    
(2)    blackstarnews.com/ny-watch/news/new-racial-discrimination-lawsuit-filed-against-macy%E2%80%99s-over-criminal
(3)    nbcnews.com/news/us-news/macy-s-discriminates-against-black-latino-job-candidates-considering-minor-n1023186

Litigation cited herein is The Fortune Society, Inc., et al. v. Macy's, Inc., No. 19-cv-05961 (S.D.N.Y. June 26, 2019).

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