New York: A Federal Judge said Amazon.com Inc.
and all of the food units could be prosecuted for rejection to hire a punished killer who claimed to be rehabilitated after almost 23 years in prison.
In Wednesday’s decision, US district judge Valerie Caproni in Manhattan said Henry Franklin could pursue the class action proposed after being rejected for food delivery work in Cornucopia Logistics, which served Amazon and the whole food.
Amazon was determined after the background check that Franklin lied to the April 2019 job application by answering “no” when asked if he had a criminal record.
New York Law Bars employer from rejecting job applicants based on their criminal history unless the crime relates directly to the work sought, or recruitment will pose an unreasonable risk for the public.
Without overriding the excess, Caproni said the defendants failed to show that the two exceptions were applied, adding that Franklin “had suffered enough that he was rehabilitated and no longer pose a threat to the public.” He also said he was “sympathetic to the possibility of the defendant’s position that they did not want a punished killer to provide food to their customers’ house.” The defendants and their lawyers did not respond immediately on Thursday to request comments.
Franklin’s lawyer did not immediately respond to a similar request.
Amazon and all the food argues that Franklin’s lie is quite a reason to reject it, and he does not have a stand to demand them because there are no “prospective” employers.
Caproni called Franklin begged the last problem “almost” enough.
According to court letters, Franklin was convicted of second level murder in June 1995 and Paroled in June 2018.
The lawsuit was brought in the name of Amazon and all food work applicants in New York State and New York City with criminal records.