Chestnut Hill Hospital, LLC and Tower Health reached a class action settlement, resolving allegations that they violated Philadelphia's "Ban the Box" law by asking job applicants about their criminal history.
The plaintiffs allege the hospital included a question on its online job application asking candidates whether they had been convicted of a felony or misdemeanor in the past seven years. This practice allegedly violated the Philadelphia Fair Criminal Records Screening Standards Ordinance, which prohibits employers from inquiring about criminal history during the initial application process.
The settlement benefits individuals who applied for employment at Chestnut Hill Hospital between October 01, 2017, and September 30, 2020, and encountered the criminal history question on their application. The plaintiffs' allege the hospital's actions unfairly denied applicants a chance to demonstrate their qualifications before being screened based on their criminal records.
Chestnut Hill Hospital, now part of Temple Health, did not admit wrongdoing but agreed to pay an undisclosed sum to resolve the claims. Under the settlement terms, eligible class members can receive a cash payment of $400.
Source: https://topclassactions.com/lawsuit-settlements/closed-settlements/chestnut-hill-hospital-class-action-settlement/
Commentary
"Ban the Box" refers to laws that prohibit employers from asking about an applicant's criminal history on initial job applications. These laws aim to give individuals with criminal records a fair chance at employment by delaying background checks until later in the hiring process.
The above example is not the only case in which allegations include discriminatory hiring practices. Northwell Health, in New York, faced allegations of discriminatory hiring practices, including claims that applicants were unfairly screened based on criminal history and other factors.
Below are steps healthcare organizations should take to prevent "Ban the Box" and similar hiring litigation:
- Remove criminal history questions from initial job applications if operating in a "Ban the Box" jurisdiction
- Train human resources teams on local, state, and federal hiring laws
- Use individualized assessments when considering criminal records later in the hiring process
The final takeaway is that Ban-the-Box litigation is still very relevant, and it continues to prevent risk in some jurisdictions. Touch base with your legal counsel to make sure your healthcare organization is compliant.
