Skip to the main content.
Making screening easy for candidates

CVC - Mega Menu-01

With Verified Credentials' mobile-first candidate experience, you meet candidates where it's most convenient. Learn how easy we make it.

See how it works ›

Featured resource

Industry-Trends-Report-01

Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.

Download the full report ›

Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.

Get to know us ›

Accredited background screening solutions

Logo-PBSA-Accreditation-120x98

Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.

Learn about our solutions ›

2 min read

NYC Fair Chance Violation Complaint Delivered via FedEx

The consequences of violating employment laws can be significant. Employers can face litigation, leading to big penalties. Macy’s recently experienced this in New York City. Now, FedEx Ground Package System, Inc. (“FedEx”) is accused, in a class action lawsuit, of violating New York City’s Human Rights Law (NYCHRL).

New York City’s Unique Package of Laws

As we previously discussed, the NYCHRL includes the New York City Fair Chance Act (FCA). The FCA places restrictions on how employers can use certain criminal history information and creates obligations and responsibilities for employers in NYC.  We also recently covered changes to the FCA that take effect at the end of July 2021.

Not On Time: FedEx Accused of Screening a Candidate Too Early

A class action complaint was filed on March 12, 2021 claiming FedEx violated the NYCHR, specifically the FCA (Franklin v. FedEx Ground Package System, Inc.).

The complaint states that the Plaintiff completed an online application with FedEx for a position in New York City.  The application process included the Plaintiff giving his consent to a criminal background check and providing FedEx with information it would need to conduct one.  In early December 2020, Plaintiff received a letter confirming that FedEx had been authorized to obtain a criminal background report and provided Plaintiff with a copy of the report.  The letter instructed the Plaintiff to report any inaccuracies to the consumer reporting agency and warned the Plaintiff: “If accurate, the information contained in the Report in whole or in part will significantly affect our decision regarding your potential for employment with FedEx Ground.  We are reviewing your application in light of the attached Report.”

The complaint claims that FedEx violated the FCA when it obtained criminal background reports before extending conditional offers of employment to both the Plaintiff and other applicants.  According to the complaint, FedEx told Plaintiff that it would be reviewing his application in light of the report, “but this is precisely what the [FCA] prohibits it from doing (before a conditional offer of employment is extended)”.  The complaint also alleges that FedEx violated the [FCA] when it stated that the content of the report would significantly influence its decision on whether or not to hire Plaintiff, “because the FCA is clear that a criminal background may influence a hiring decision only in a limited number of situations…”

The lawsuit alleges FedEx violated NYCHRL when the company:

  • Declared it would conduct background checks before making conditional offers of employment.
  • Conducted background checks before making conditional offers of employment.
  • Denied employment based on criminal conviction histories.

The case is still ongoing and the claims against FedEx remain allegations. We will continue to monitor the case and provide updates when available.

Like the Macy’s case, the accusations against FedEx show that even large corporations should stay up-to-date on consumer reporting laws. Employers should work with their trusted legal counsel to make sure they are following the laws that apply to them.

Saddle Up, Montana: Original 2024 State Privacy Laws Get a Makeover in 2025

Montana implemented the Montana Consumer Data Privacy Act (MCDPA) on October 1, 2024. The law regulates businesses that produce products or services...

Read More

Washington State Increases Regulations for Employer Access to Criminal Background Checks

For a second time this year, the state of Washington has enacted efforts to create a fair hiring landscape for Washingtonians. We previously covered ...

Read More

Kentucky Legalizes Medical Cannabis

A bill to legalize medical marijuana in Kentucky has been in the queue for quite some time, but it was not until earlier this year that the...

Read More

Fair Chance Act Guidance Updated for New York City Employers

Amendments to the New York City Fair Chance Act (NYC FCA) took effect on July 29, 2021. According to the New York City Commission on Human Rights...

Read More

Federal “Fair Chance Act” Enacted

We have previously covered “Ban the Box” laws in multiple jurisdictions, including both statewide laws, such as the law in Colorado, and municipal...

Read More

Federal “Fair Chance Act” Now in Effect

“Ban the Box” style laws are a trend that has grown exponentially over the last decade. In fact, we have covered several laws in multiple...

Read More