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A lawsuit that was filed with the Equal Employment Opportunity Commission claims Macy's background screening policies discriminate against minorities.

A Three-Pronged Complaint

Outten & Golden LLP filed the suit on May 17, 2017. They alleged that Macy's has three prominent issues with their screening policies. Their first claim is that the company asks job applicants to disclose criminal convictions for an overly long period of time. There are laws that detail how long criminal convictions can be included on consumer reports.

A second complaint suggests that Macy's asks applicants to disclose convictions that should not be revealed or considered during the hiring process. Various federal and state laws discuss what types of criminal records can be used to help make employment-related decisions. According to the suit, Macy's may have been asking for information that they could not legally request.

The third complaint states that Macy's did not take "mitigating circumstances" into consideration. Examples of circumstances the retailer is accused of not considering include time served and rehabilitation.

What Led to the Lawsuit

Outten & Golden LLP helps people who have criminal records to reintegrate into society. Their website states that they are "advocates for workplace fairness, our passion and our profession is to help advance the goals of employees and protect their rights against injustices in the workplace."

Members of the firm investigated the screening policies that Macy's uses during their hiring process. Attorney Ossai Miazad said that their policies have a "disparate impact on black, Latino and male job seekers." Miazad helped initiate the lawsuit, which alleges that numerous applicants were turned away even though their criminal convictions occurred many years ago or are irrelevant for the positions to which they were applying.

The Movement to Help People with Criminal Histories

There are several ongoing efforts to help Americans with criminal records find jobs. In the past, this has a problem for thousands of individuals. Even minor convictions have prevented people from obtaining employment.

Concepts such as Ban the Box are intended to help people who have minor criminal convictions. The goal is to remove questions such as "Do you have a criminal record?" from job applications. If an applicant indicates they have a conviction, they are unlikely to receive further consideration. Even if the conviction occurred while the applicant was a minor or was not relevant to the employer's interests.

In 2015, the White House launched the Fair Chance Business Pledge. It asks businesses to ban the box and take other steps to "make sure Americans who've paid their debt to society can earn their second chance."

The attorneys at Outten & Golden LLP also focus on issues that negatively impact job seekers, employees, executives and other individuals. Their practice covers a wide range of workplace-related issues.

What You Should Know about Criminal Background Checks

Fairness is a hot topic in regards to background screening. Multiple laws are in place to help establish fair and consistent hiring practices. Businesses should be aware of Ban the Box and other relevant laws that exist in any location where they hire and have active employees.

Adhering to these federal and state laws may seem difficult, but the screening experts at Backgrounds Online are ready to help. If you have questions or need assistance with putting together a Custom Background Check, please contact our friendly and experienced team.