FedEx Applicant in New York Sues Company Over Background Check

The plaintiff claims the delivery company violated New York City's Fair Chance Act when the company conducted a criminal background check before conditionally offering him the position.

In November of 2020, plaintiff Henry Franklin completed an online application for a job as a FedEx package handler. Part of the application included Franklin consenting to a background check. Franklin was sent the results of his report but was never contacted to discuss the position or his application.

Franklin's suit alleges that the company violated New York City's Fair Chance Act by conducting the background check and considering his criminal history prior to extending a conditional job offer. Furthermore, Franklin is requesting permission from the court to represent a class of job applicants with criminal records who were denied employment by FedEx in New York City.

FedEx said it's reviewing the allegations and will defend the lawsuit.

Employers are encouraged to routinely revisit internal policies regarding hiring practices and conditional offers to ensure compliance with local, state and federal regulations.

Posted: March 25, 2021

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