Indirect Employers Could Be Liable for Background Checks in New York: An Interview with Nancy L. Gunzenhauser

Employment Law This Week

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Employment Law This Week (Episode 72: Week of May 15, 2017) has released bonus footage of its interview with Nancy L. Gunzenhauser, an Associate at Epstein Becker Green.

As Ms. Gunzenhauser discusses, out-of-state contractors could be liable for directing background checks on independent contractors in New York. Two workers were terminated after their criminal history was discovered during a background check. They worked for a New York company whose contract with a national company required their termination. The employees sued both companies under the New York State Human Rights Law. Addressing the law’s criminal history discrimination provision, the New York Court of Appeals held that only an employer can directly violate the statute. But an out-of-state company that requires a New York employer to discriminate against employees or applicants based on their convictions can be held liable as an aider and abettor.

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