A leading case in the use of criminal background checks for employment purposes is El v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), 479 F. 3d 232 (3rd Cir. 2007). SEPTA has been sued again for alleged employment screening violations.
In a proposed class action in federal court in Philadelphia, the transit agency is being accused of not properly notifying job applicants that credit checks are part of the hiring process. This is an alleged violation of the FCRA. Also, SEPTA is accused of violating Pennsylvania’s Criminal History Record Information Act through a blanket policy of rejecting any applicant with a felony drug conviction for a job involving the operation of vehicle. The case was reported by Law 360. An interesting critique of the CHRIA is available from Littler.
Long v. Southeastern Pennsylvania Transportation Authority, case number 2:16-cv-01991 in the U.S. District Court for the Eastern District of Pennsylvania.
Plaintiff counsel: Ossai Miazad, Adam T. Klein, Lewis M. Steel, Christopher M. McNerney and Cheryl-Lyn Bentley of Outten & Golden LLP, Jon Greenbaum and Mateya Kelley of the Lawyer’s Committee for Civil Rights Under Law, Michael Lee and Michael Hardiman of Philadelphia Lawyers for Social Equity, Benjamin D. Geffen of the Public Interest Law Center, and Ryan Allen Hancock and Danielle Newsome of Willig, Williams & Davidson.
Defense counsel: Pending.