Case: NAACP New York State Conference Metropolitan Council of Branches v. Philips Electronics North America Corp.

156382/2015 | New York state trial court

Filed Date: June 25, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 25, 2015, the Lawyers' Committee for Civil Rights filed this New York state court class action on behalf of the NAACP New York State Conference Metropolitan Council of Branches against employers who use leading job search sites Monster, Indeed, and ZipRecruiter. All of these job sites bar applications for certain open positions from would-be-applicants who have been convicted of a felony.Plaintiffs allege that the defendants violate New York State and City law requiring that employers n…

On June 25, 2015, the Lawyers' Committee for Civil Rights filed this New York state court class action on behalf of the NAACP New York State Conference Metropolitan Council of Branches against employers who use leading job search sites Monster, Indeed, and ZipRecruiter. All of these job sites bar applications for certain open positions from would-be-applicants who have been convicted of a felony.

Plaintiffs allege that the defendants violate New York State and City law requiring that employers not use felony conviction status as an automatic bar to employment, but rather individually evaluate certain factors set forth by statute. Plaintiffs state that this practice has a disparate impact on people of color, although the complaint does not assert race discrimination as a separate cause of action. The lawsuit seeks an injunction forbidding the defendants from posting employment opportunities that bar felons from applying. We do not have access to the docket sheet, and therefore do not know what more has happened in this case so far.

Summary Authors

Sarah Prout (8/25/2015)

People


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Aranyos, Stephanie Lauren (New York)

Burnovski, Brian M. (New York)

Feinland, Robert Phillip (New York)

Gallub, Alison S. (New York)

Expert/Monitor/Master/Other

Bastible, Kieran Xavier (New York)

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Documents in the Clearinghouse

Document

156382/2015

Docket [State Court]

Jan. 7, 2020

Jan. 7, 2020

Docket

156382/2015

Class Action Complaint for Declaratory and Injunctive Relief

NAACP New York State Conference Metropolitan Council of Branches v. Philips Electronics North America Corporation

New York state supreme court

June 25, 2015

June 25, 2015

Complaint

156382/2015

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Feb. 16, 2016

Feb. 16, 2016

Complaint

156382/2015

Order Granting Preliminary Approval of Class Settlement, Conditional Certification of the Settlement Class, and Approval of the Proposed Notice of Settlement

Oct. 13, 2016

Oct. 13, 2016

Order/Opinion

156382/2015

Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment Against Philips Electronics North America Corporation

May 26, 2017

May 26, 2017

Pleading / Motion / Brief

Docket

Last updated April 18, 2024, 1:49 p.m.

ECF Number Description Date Link Date / Link
1

SUMMONS + COMPLAINT

June 25, 2015

June 25, 2015

2

EXHIBIT(S) - A Job Posting

June 25, 2015

June 25, 2015

3

EXHIBIT(S) - B Job Posting

June 25, 2015

June 25, 2015

4

EXHIBIT(S) - C Job Posting

June 25, 2015

June 25, 2015

5

EXHIBIT(S) - D Job Posting

June 25, 2015

June 25, 2015

6

STIPULATION - OTHER

July 15, 2015

July 15, 2015

7

STIPULATION - OTHER Stipulation extending time for Defendants Recall Holdings Limited and Recall Total Information Manag ... show more

July 15, 2015

July 15, 2015

8

STIPULATION - OTHER Joint Stipulation Extending Time to Answer

July 16, 2015

July 16, 2015

9

STIPULATION - OTHER Stipulation Extending Time to Answer, Move or Otherwise Respond

July 20, 2015

July 20, 2015

10

STIPULATION - OTHER Stipulation to Extend To Answer or other Respond to or until August 17, 2015

July 23, 2015

July 23, 2015

11

STIPULATION - OTHER Extending Monster Worldwide, Inc.'s Time to Respond to Complaint

July 27, 2015

July 27, 2015

12

STIPULATION - OTHER

Aug. 13, 2015

Aug. 13, 2015

13

STIPULATION - OTHER

Aug. 14, 2015

Aug. 14, 2015

14

STIPULATION - OTHER Stipluation extending time for Defendants Recall Holdings Limited and Recall Total Information Manag ... show more

Aug. 14, 2015

Aug. 14, 2015

15

STIPULATION - OTHER Stipluation Extending Time to Respond to Complaint

Aug. 14, 2015

Aug. 14, 2015

16

STIPULATION - OTHER Stipulation Setting Briefing Schedule on Motion to Dismiss

Aug. 21, 2015

Aug. 21, 2015

17

NOTICE OF MOTION (Motion #001) Jointly Filed On Behalf of Defendants Monster Worldwide, Inc., ZipRecruiter, Inc. and Indeed, Inc.

Aug. 21, 2015

Aug. 21, 2015

18

AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #001)

Aug. 21, 2015

Aug. 21, 2015

19

EXHIBIT(S) - A (Motion #001) to Murphy Aff. (Complaint)

Aug. 21, 2015

Aug. 21, 2015

20

MEMORANDUM OF LAW IN SUPPORT (Motion #001)

Aug. 21, 2015

Aug. 21, 2015

21

RJI -RE: NOTICE OF MOTION (Motion #001)

Aug. 21, 2015

Aug. 21, 2015

22

STIPULATION - TIME TO ANSWER

Aug. 31, 2015

Aug. 31, 2015

23

NOTICE OF MOTION (Motion #002) Defendants Recall Holdings Limited and Recall Total Information Management, Inc.'s Notice of Motion ... show more

Aug. 31, 2015

Aug. 31, 2015

24

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #002) Affirmation of Shawn Patrick Regan in Support of Defendants Recall Holdings Limited's and Recall Tot ... show more

Aug. 31, 2015

Aug. 31, 2015

25

EXHIBIT(S) - A (Motion #002) Class Action Complaint for Declaratory and Injunctive Relief

Aug. 31, 2015

Aug. 31, 2015

26

MEMORANDUM OF LAW IN SUPPORT (Motion #002) Defendants Recall Holdings Limited and Recall Total Information Management, Inc's Memorandum of Law ... show more

Aug. 31, 2015

Aug. 31, 2015

27

STIPULATION - TIME TO ANSWER Stipulation to Extend Time Answer until and through October 30, 2015

Sept. 8, 2015

Sept. 8, 2015

28

NOTICE OF MOTION (AMENDED) (Motion #001) Joined Defendants Corrected Notice of Motion to Dismiss

Oct. 2, 2015

Oct. 2, 2015

29

MEMORANDUM OF LAW IN OPPOSITION (Motion #001) to Joined Defendants' Joint Motion to Dismiss

Oct. 20, 2015

Oct. 20, 2015

30

STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #002) Stipulation adjourning return date of Recall Defendants' Motion to Dismiss from November 24, 2015 to ... show more

Oct. 26, 2015

Oct. 26, 2015

31

STIPULATION - TIME TO ANSWER Joint Stipulation

Oct. 26, 2015

Oct. 26, 2015

32

STIPULATION - TIME TO ANSWER Stipulation Extending Time to Respond to Complaint until December 2, 2015

Oct. 29, 2015

Oct. 29, 2015

33

MEMORANDUM OF LAW IN REPLY (Motion #001) Reply Memorandum of Law in Support of Joined Defendants' Joint Motion to Dismiss.

Nov. 23, 2015

Nov. 23, 2015

34

STIPULATION - TIME TO ANSWER Stipulation Extending Time to Answer from December 2, 2015 until December 23, 2015

Nov. 30, 2015

Nov. 30, 2015

35

STIPULATION - TIME TO ANSWER Stipulation extending time to answer Complaint from 12/2/2015 to 12/23/15

Nov. 30, 2015

Nov. 30, 2015

36

STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #002) Stipulation to adjourn Return Date of Defendants Recall Holdings Limited and Recall Total Informatio ... show more

Dec. 7, 2015

Dec. 7, 2015

37

STIPULATION - OTHER Extending Time to Respond to Complaint

Dec. 21, 2015

Dec. 21, 2015

38

NOTICE OF MOTION (Motion #003)

Dec. 23, 2015

Dec. 23, 2015

39

AFFIRMATION (Motion #003)

Dec. 23, 2015

Dec. 23, 2015

40

EXHIBIT(S) - A (Motion #003) Plaintiff's Complaint

Dec. 23, 2015

Dec. 23, 2015

41

EXHIBIT(S) - B (Motion #003) Cited Case

Dec. 23, 2015

Dec. 23, 2015

42

MEMORANDUM OF LAW IN SUPPORT (Motion #003)

Dec. 23, 2015

Dec. 23, 2015

43

STIPULATION - BRIEFING SCHEDULE

Jan. 7, 2016

Jan. 7, 2016

44

STIPULATION - TIME TO ANSWER Stipulation Extending Time To Answer from January 15, 2016 until February 1, 2016

Jan. 14, 2016

Jan. 14, 2016

45

NOTICE OF MOTION (Motion #004) to Dismiss

Feb. 1, 2016

Feb. 1, 2016

46

MEMORANDUM OF LAW IN SUPPORT (Motion #004) of Motion to Dismiss

Feb. 1, 2016

Feb. 1, 2016

47

AFFIDAVIT (Motion #004) of Alan Blevins

Feb. 1, 2016

Feb. 1, 2016

48

STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #004) Stipulation to adjourn Return Date of Defendant Philips Electronics' Motion to Dismiss (Document Num ... show more

Feb. 5, 2016

Feb. 5, 2016

49

ADJOURNMENT OF MOTION -REQUEST -IN SUBMISSIONS PART -RM 130 (Motion #003) Stipulation to adjourn Return Date of Defendant NTT Data's Motion to Dismiss (Motion No. 003) from F ... show more

Feb. 5, 2016

Feb. 5, 2016

50

STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion #002) [Proposed] Stipulation and Order to adjourn Return Date of Defendant Recall's Motion to Dismiss (Mot ... show more

Feb. 5, 2016

Feb. 5, 2016

51

NOTICE OF APPEARANCE (POST RJI) Notice of Appearance of Christopher M. McNerney on behalf of Plaintiff

Feb. 10, 2016

Feb. 10, 2016

52

COMPLAINT (AMENDED) First Amended Class Action Complaint for Declaratory and Injunctive Relief

Feb. 16, 2016

Feb. 16, 2016

53

EXHIBIT(S) - A Philips Job Descriptions

Feb. 16, 2016

Feb. 16, 2016

54

EXHIBIT(S) - B NTT Data Job Description

Feb. 16, 2016

Feb. 16, 2016

55

EXHIBIT(S) - C Recall Job Description

Feb. 16, 2016

Feb. 16, 2016

56

EXHIBIT(S) - D Advanced Tech Pest Control Job Description

Feb. 16, 2016

Feb. 16, 2016

57

MEMORANDUM OF LAW IN OPPOSITION (Motion #004) to Defendant Philips Electronics North America Corporation's Motion to Dismiss

March 3, 2016

March 3, 2016

58

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #004) Affidavit of Ossai Miazad in Support of Plaintiff's Memorandum of Law in Opposition to Defendant Phi ... show more

March 3, 2016

March 3, 2016

59

EXHIBIT(S) - A (Motion #004) Affidavit of Kenneth Cohen

March 3, 2016

March 3, 2016

60

MEMORANDUM OF LAW IN OPPOSITION (Motion #003) to Defendant NTT Data's Motion to Dismiss

March 3, 2016

March 3, 2016

61

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003) Affidavit of Ossai Miazad in Support of Plaintiff's Memorandum of Law in Opposition to Defendant NTT ... show more

March 3, 2016

March 3, 2016

62

EXHIBIT(S) - A (Motion #003) Affidavit of Kenneth Cohen

March 3, 2016

March 3, 2016

63

NOTICE OF WITHDRAWAL OF MOTION / ORDER TO SHOW CAUSE - BEFORE JUDGE (Motion #002) *Corrected* Withdrawal of Recall Defendants' Motion to Dismiss the Complaint (Motion Seq. No. 002)

March 7, 2016

March 7, 2016

64

NOTICE OF MOTION (Motion #005) *Corrected* Recall Defendants' Notice of Motion to Dismiss Plaintiff's First Amended Class Action Complaint

March 7, 2016

March 7, 2016

65

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #005) *Corrected* Affirmation of Shawn Patrick Regan in Support of Recall Defendants' Motion to Dismiss Plaintiff's Fi ... show more

March 7, 2016

March 7, 2016

66

EXHIBIT(S) - A (Motion #005) *Corrected* Plaintiff's First Amended Class Action Complaint and Injunctive Relief adn the Exhibits attached the ... show more

March 7, 2016

March 7, 2016

67

MEMORANDUM OF LAW IN SUPPORT (Motion #005) *Corrected* Memorandum of Law in Support of Recall Defendants' Motion to Dismiss Plaintiff's First Amended Class ... show more

March 7, 2016

March 7, 2016

68

STIPULATION - OTHER Joint Stipulation

March 7, 2016

March 7, 2016

69

DECISION + ORDER ON MOTION (Motion #002)

March 9, 2016

March 9, 2016

70

MEMORANDUM OF LAW IN REPLY (Motion #004)

March 18, 2016

March 18, 2016

71

MEMORANDUM OF LAW IN REPLY (Motion #003)

March 18, 2016

March 18, 2016

72

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003)

March 18, 2016

March 18, 2016

73

EXHIBIT(S) - A (Motion #003) First Amended Complaint

March 18, 2016

March 18, 2016

74

EXHIBIT(S) - B (Motion #003) Joint Stipulation

March 18, 2016

March 18, 2016

75

DECISION + ORDER ON MOTION (Motion #001)

April 8, 2016

April 8, 2016

76

STIPULATION - TIME TO ANSWER Stipulation Extending Defendants Recall Holdings Limited and Recall Total Information Management, In ... show more

April 28, 2016

April 28, 2016

77

NOTICE OF WITHDRAWAL OF MOTION / ORDER TO SHOW CAUSE - IN SUBMISSIONS PART - RM 130 (Motion #005) Notice of Withdrawal of Denfendants Recall Holdings Limited and Recall Total Information Management, ... show more

April 28, 2016

April 28, 2016

78

DECISION + ORDER ON MOTION (Motion #005)

May 9, 2016

May 9, 2016

79

NOTICE OF ENTRY

May 24, 2016

May 24, 2016

80

EXHIBIT(S) - A Order

May 24, 2016

May 24, 2016

81

NOTICE OF MOTION (Motion #007) *Corrected* Notice of Motion

May 27, 2016

May 27, 2016

82

MEMORANDUM OF LAW IN SUPPORT (Motion #007) Plaintiff's Motion for Preliminary Approval of Class Action Settlement

May 27, 2016

May 27, 2016

83

AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #007)

May 27, 2016

May 27, 2016

84

EXHIBIT(S) - A (Motion #007) Settlement Agreement

May 27, 2016

May 27, 2016

85

EXHIBIT(S) - B (Motion #007) Settlement Notice

May 27, 2016

May 27, 2016

86

EXHIBIT(S) - C (Motion #007) Proposed Order

May 27, 2016

May 27, 2016

87

EXHIBIT(S) - D (Motion #007) Houser v. Pritzker

May 27, 2016

May 27, 2016

88

NOTICE OF APPEAL (Motion #001)

June 3, 2016

June 3, 2016

89

PRE-ARGUMENT STATEMENT (Motion #001)

June 3, 2016

June 3, 2016

90

AFFIRMATION/AFFIDAVIT OF SERVICE

June 3, 2016

June 3, 2016

91

ANSWER Answer of Indeed, Inc. to Plaintiff's First Amended Class Action Complaint

June 13, 2016

June 13, 2016

92

ANSWER ZipRecruiter, Inc.'s Answer to Plaintiff's First Amended Class Action Complaint

June 13, 2016

June 13, 2016

93

ANSWER to First Amended Complaint

June 13, 2016

June 13, 2016

94

NOTICE OF MOTION (Motion #006) Notice of Motion to admit Kurt A. Powell pro hac vice on behalf of Defendants Recall Holdings Limite ... show more

June 16, 2016

June 16, 2016

95

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #006) Affirmation of Shawn Patrick Regan

June 16, 2016

June 16, 2016

96

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #006) Affidavit of Kurt A. Powell

June 16, 2016

June 16, 2016

97

EXHIBIT(S) - A (Motion #006) Certificate of Good Standing

June 16, 2016

June 16, 2016

98

NOTICE OF MOTION (Motion #008) Notice of Joined Defendants' Joint Motion to Reargue and Renew Motion to Dismiss

June 23, 2016

June 23, 2016

99

MEMORANDUM OF LAW IN SUPPORT (Motion #008) Memorandum of Law in Support of Joined Defendants' Joint Motion to Reargue and Renew Motion to Dismi ... show more

June 23, 2016

June 23, 2016

100

STIPULATION - BRIEFING SCHEDULE Stipulation for Briefing Schedule for Document No. 98.

June 29, 2016

June 29, 2016

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 25, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

NAACP on behalf of job applicants who have been convicted of a felony who have been barred from applying for jobs that explicitly ban applicants convicted of a felony. NOTE: The plaintiffs seek a defendant class.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

NTT DATA, INC., Private Entity/Person

MONSTER WORLDWIDE, INC.,, Private Entity/Person

ZIPRECRUITER, INC., INDEED, INC, Private Entity/Person

PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, Private Entity/Person

KONINKLIJKE PHILIPS N.V., Private Entity/Person

RECALL HOLDINGS LIMITED,, Private Entity/Person

RECALL TOTAL INFORMATION MANAGEMENT, INC., Private Entity/Person

ADVANCE TECH PEST CONTROL, Private Entity/Person

DOES 1-100, Private Entity/Person

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Disparate Impact

Hiring

Discrimination-basis:

Race discrimination

Race:

Black