A former driver for a large transportation company has filed a lawsuit in the Southern District of New York, alleging violations of the New York City Human Rights Law (NYCHRL), federal Fair Credit Reporting Act (FCRA), and New Yorks FCRA.
In this case, the plaintiff, Job Golightly, a resident of New York City, had been driving for this company since 2014 based on background checks performed by the New York City Taxi and Limousine Commission. However, the plaintiffs allege that in 2017 the transportation company began using a different provider for additional checks as a result of negative attention caused by multiple driver assaults.
The case claims that a check on him revealed a misdemeanor speeding violation committed in 2013. Golightly claims to have been barred from the platform the next day with no notice.
The NYCHRL requires employers to individually consider every applicant and current employee’s criminal history, supply them with certain documentation, and provide a waiting period for the employee to respond. Similarly, both the NY FCRA and FCRA require an employer to provide notice before taking adverse action, and the NY FCRA additionally requires an employer to provide a copy of New York Correction Law Article 23-A.
This is one of the first class-action suits brought against a company like this since New York City amended the NYCHRL to apply to independent contractors. Employers should take warning and ensure their background checks are compliant everywhere they operate.