Proposed Class Action Suit Filed Against Uber Claims Discriminatory Background Check Practices
On April 8, a class of individuals who were either denied employment or terminated by the ride-hailing company filed the suit in New York federal court.
The claim alleges that Uber Technologies Inc. violated the Fair Chance Act provision of New York City's Human Rights Law when adverse actions were taken against applicants and/or employees based on the results of background checks, disproportionately affecting Black and Latinx drivers.
Lead plaintiff, Job Golightly, had worked for Uber since 2014. Golightly claims he was fired in August, 2020 following a mandatory criminal background check which revealed a speeding ticket from 2013. According to the suit, agreeing to the background check (as conducted by consumer reporting agency Checkr) was mandatory. The black veteran taxi driver alleged that if he had chosen to not comply, Uber would have terminated his access to the mobile app.
It is Golightly's contention that Uber fired him without properly progressing through the steps outlined in the FCA, which require an employer to carefully consider specific factors such as the likelihood a conviction history could impact the employee's current work and the seriousness of the content reported back from the criminal history search. Further allegations include that Uber never permitted Golightly to see a copy of the background check, which is also required under the FCA.
"Uber's policy of wholesale noncompliance with the Fair Chance Act process imports the significant racial disparities in the criminal justice system into its driver applicant and retention process," the class of drivers said.
Employers are encouraged to review the provisions included in the Fair Chance Act to ensure all internal hiring and employee management protocols are in compliance.
Posted: April 19, 2021
All Rights Reserved © 2021 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!
I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.
You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.
I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.