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Suit Accuses Macy’s of FCRA, Title VII, and Human Rights Law Violations

A class action suit was filed against the department store chain on June 26, 2019 in New York federal court alleging several violations.

Filed by The Fortune Society and the NAACP Legal Defense and Educational Fund, the suit claims that Macy’s took adverse employment actions against the plaintiffs based on criminal convictions appearing on undisclosed background checks. The claim accuses Macy’s of violating the Fair Credit Reporting Act (FCRA) by not notify candidates that background check reports were utilized to justify denying employment.

The plaintiffs also allege violations of Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex and national origin. The suit alleges that Macy’s practices disproportionately deny jobs to specific minority populations based on criminal record results.

Beyond Title VII and the FCRA, the lawsuit claims that Macy's is also in violation of the New York City Human Rights Law. This law provides protection against discrimination in employment based on a series of factors, including arrest or conviction record. The suit alleges that Macy’s denied employment based on criminal records without assessing the type or nature of the offense.

The lawsuit is seeking to certify a nationwide class of individuals who were allegedly denied employment throughout Macy’s 800 stores based on consumer reports that were never provided to the affected individuals.

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