From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Sept. 14 — PNC Bank denied promotion to and fired a black female teller based on her five-year-old guilty plea to an irrelevant assault charge, according to a lawsuit filed in federal court in Pennsylvania ( Barry v. PNC Bank , E.D. Pa., No. 2:16-cv-04936, complaint filed 9/14/16 ).
Aminata Barry says she disclosed the misdemeanor simple assault to the bank when she was hired as a teller in July 2014 and again when she was offered a promotion to universal branch consultant in October 2015.
PNC had no problem with her criminal record, which was unrelated to her work at the bank, when she was hired and working as a teller, she says. But the bank denied her promotion and discharged her—falsely accusing her of being “dishonest”—after she provided a copy of the police report of the assault to human resources in connection with her expected promotion, Barry alleges.
The bank’s actions violated the state’s Criminal History Record Information Act, Barry asserts in her complaint, which was filed in the U.S. District Court for the Eastern District of Pennsylvania. The complaint also asserts race and sex discrimination claims under federal and Pennsylvania law, based on PNC’s alleged retention and promotion of a white male employee despite his multiple guilty pleas to misdemeanor drug offenses.
The employment of workers with criminal records is an issue that continues to receive attention from civil rights authorities and advocates at the local, state and national levels.
Nationally, it is an area of focus for the Equal Employment Opportunity Commission, which updated its enforcement guidance on the subject in April 2012. According to the employment rights enforcement agency, employer use of criminal history information to make hiring and other employment decisions may violate federal discrimination laws because, among other things, it may significantly disadvantage blacks and Hispanics, who are more likely to have been arrested or to otherwise have interacted with criminal justice authorities.
In addition, the Obama administration announced April 29 the establishment of a Federal Interagency Reentry Council to lead the federal government’s work on the rehabilitation and reintegration of individuals returning to their communities from jails and prisons, and the White House Office of Personnel Management said in May that it will issue a final rule in September to restrict federal agencies from asking about job applicants’ criminal histories early in the hiring process.
Similar ban-the-box legislation has been passed by more than 100 local and state governments across the U.S. since 2010, when the issue first began to gain widespread traction. Unlike those laws, Pennsylvania’s Criminal History Record Information Act has been on the books for more than 30 years, but it has gained new life recently.
Approximately 70 million Americans have some kind of criminal record, according to the Justice Department.
PNC told Bloomberg BNA Sept. 14 that it doesn’t comment on pending legal matters.
Albert J. Michell PC represents Barry. No attorney has filed an appearance yet for the bank.
To contact the reporter on this story: Patrick Dorrian in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Susan J. McGolrick at email@example.com
Text of the complaint is available at https://www.bloomberglaw.com/public/desktop/document/BARRY_v_PNC_BANK_NATIONAL_ASSOCIATION_Docket_No_216cv04936_ED_Pa_?1473879482.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)