Lawsuit: Equinox Holdings Unlawfully Denies Man Employment Based on Background Check

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A New York man has filed suit against Equinox Holdings, Inc. claiming the company unlawfully withdrew its employment offer based on information found in the plaintiff’s background report. According to the suit, the plaintiff was convicted of robbery in the second degree in March 2010, though the complaint says he “did not participate in the crime” and served three-and-a-half years in prison. After his release, the case claims, he “attended Westchester Community College, held several jobs, maintained a steady residence, and consistently tested negative for drug use.”

The plaintiff says he applied for and was offered a job with the defendant as a personal trainer and consented to a background check. After completing onboarding, the complaint continues, the plaintiff was informed that he would not be hired based on his criminal record. The suit argues that the defendant never provided the man with a written copy of his rights under the Fair Credit Reporting Act before “taking adverse action against him.” Furthermore, the case claims, the defendant violated New York state law by denying the plaintiff employment despite his position having no direct relationship to his criminal offense and presenting no risk to property or the safety of others.