Brooks v. Barclays Center et al. is a class action lawsuit against Brooklyn Events Center, LLC d/b/a the Barclays Center, Brooklyn Sports & Entertainment, Anschutz Entertainment Group, Inc. and AEG Management Brooklyn, LLC (collectively, the Defendants). In the summer of 2015, the lead plaintiff, Lloyd Brooks, was offered a job as facilities conversion crew at the Barclays Center subject to a background check. The night before he was scheduled to start orientation, Mr. Brooks received an email denying him employment based on a background report that Defendants failed to provide to him. Several days later, Mr. Brooks eventually learned the Defendants’ job denial was due to a 2011 misdemeanor hit on the background report.
On July 14, 2017, LAC and its co-counsel, Francis & Mailman, P.C., filed a federal class action lawsuit against Defendants in the U.S. District Court for the Eastern District of New York. The complaint charges Defendants with systematically discriminating against job applicants with criminal convictions by summarily denying them employment based on their convictions without properly considering all of the requisite factors set forth in Article 23-A of New York Correction Law (Article 23-A), in contravention of New York State Human Rights Law, New York City Human Rights Law, and Article 23-A.
The complaint also charges Defendants with systematically violating the federal Fair Credit Reporting Act (FCRA) and New York State Fair Credit Reporting Act (NY FCRA) – the federal and state laws which regulate the commercial background check industry. More specifically, the complaint alleges that Defendants violate the FCRA by using background reports to make adverse employment decisions without providing applicants with the requisite pre-adverse action notice. Under the FCRA, a company that intends to take adverse employment action based on information in a background report must provide the applicant with notice before doing so, along with a copy of the background report and summary of the applicant’s rights under the FCRA. Among other things, these requirements provide applicants with an opportunity to address or dispute the information contained in the background report and to be informed of their rights under the law, before the adverse action. In violation of NY FCRA, the complaint alleges that Defendants fail to provide applicants with a copy of Article 23-A (New York’s law that protects against criminal record discrimination) when a background check contains criminal conviction information, resulting in applicants with criminal convictions not being informed of their rights and remedies under the law.
Defendants’ unlawful practices not only harmed Mr. Brooks but also harmed and continue to harm other individuals with criminal records and other job applicants in New York and throughout the country.
LAC Attorneys: Monica Welby and Sally Friedman
Co-Counsel: Francis & Mailman, P.C.
Significant Court Documents:
July 14, 2017 – Class Action Complaint – PDF.