Does this apply to you?

If you applied to Madison Square Garden ("MSG") and were denied the job because of a background check, we would like to talk to you.

On April 26, 2017, Clint Millien filed a lawsuit against Madison Square Garden, the world-famous entertainment venue, alleging that MSG violated federal and state law with its background check practices in making hiring decisions.  On May 16, 2017, Felipe Kelly, an MSG job applicant, joined the proposed class action lawsuit. In a complaint filed in New York state court, Madison Square Garden and its parent company, MSG Holdings, L.P. (collectively, “MSG”), are accused of running background checks on applicants and using them to deny job opportunities to otherwise qualified applicants based on overbroad and arbitrary criminal history screening practices and without providing sufficient and timely notification of MSG’s intent to use information contained in the reports against applicants.  We believe this practice violates the New York City Human Rights Law and Article 23-A of the New York State Correction Law, as well as the federal Fair Credit Reporting Act and the New York State Fair Credit Reporting Act, and discriminates against individuals with criminal records. 

Individuals who applied to work for MSG and were denied employment because of their criminal records may be eligible to participate in the lawsuit.

  • Did you apply to work for MSG?
  • Were you denied employment, at least in part, because of your criminal history and/or the results of a background check?

If the answer to these questions is “yes”, we’d like to talk to you. Contact us here.

For the full complaint in this lawsuit, click here. For more information, click here.

More information

Frequently Asked Questions

Do I have to agree to a background check?

In general, an employer can require a background check as a condition of employment. However, the employer must first get your signed written authorization, and otherwise follow the procedures set out in the Fair Credit Reporting Act (FCRA). Moreover, what your employer can ask you may be limited by state law.
Do you have more questions? Contact us here.

Can I be denied employment because of an arrest?
As a general matter, employers should not be using arrests that did not lead to a conviction as a basis to deny employment. Under the Equal Employment Opportunity Commission (EEOC), guidelines, employers should not exclude people based upon arrests that did not lead to conviction unless there is a “business justification.” Under New York State and City law, it is illegal to deny employment because of an arrest if it is not currently pending, and was terminated in your favor, unless the denial is specifically required or permitted by other laws. Many other states including California, Hawaii, Illinois, Massachusetts, Michigan, Ohio, Pennsylvania, Rhode Island, Utah, and Wisconsin also have restrictions on the use of arrest records in hiring.

Do you have more questions? Contact us here.

Can I be denied employment because of a criminal conviction?
In general, employers should not be denying employment because of a criminal conviction without performing an individualized inquiry. Under the Equal Employment Opportunity Commission (EEOC) guidelines, employers should look at factors like the nature and gravity of the offense, the time since the offense, and the nature of the job, and should only exclude an applicant because of his or her criminal record if there is a “business justification.” This is because the exclusions may operate to disproportionately and unjustifiably exclude people of a particular race or national origin (or other protected category) in which case it would violate Title VII of the Civil Right Act of 1964. Under New York State and City law, it is illegal to deny employment because of a criminal conviction without considering the eight factors laid out in the New York Correction Law. Many other states also have restrictions on the use of criminal convictions in hiring.

Do you have more questions? Contact us here.

Can a prospective employer make a decision not to hire me before providing me with a copy of my background check?
No. If you authorized a background check, the prospective employer must provide you with a copy of that background check before making a decision about whether to hire you. The prospective employer must also provide you with a reasonable amount of time to contest the information on the background check report before making a decision about whether to hire you.

Do you have more questions? Contact us here.

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If this lawsuit effects you, contact us for a consultation.