U.S. District Judge Valerie Caproni said Henry Franklin, convicted of murder, could pursue a proposed class action after being turned down for a grocery delivery job at Cornucopia Logistics, which serves Amazon and Whole Foods.
Amazon determined after a background check that Franklin had lied on his April 2019 job application by answering “no” when asked if he had a criminal record.
New York law bars employers from rejecting job applicants based on their criminal histories unless the crimes relate directly to the jobs sought, or hirings would pose an unreasonable risk to the public. Without ruling on the merits, Caproni said the defendants failed to show that either exception applied, adding that Franklin “has adequately alleged that he is rehabilitated and no longer poses a threat to the public. “She also said she was “sympathetic to defendants’ likely position that they do not want a convicted murderer delivering groceries to their customers’ homes.”