New York City Enacts Legislation Prohibiting Discrimination against the Unemployed

NYC has enacted legislation (Bill 814-A) prohibiting discrimination against the unemployed.  The law goes into effective on June 11, 2013.

The new legislation applies to employers with at least four employees and protects those individuals “not having a job, being available for work, and seeking employment.”  The legislation prohibits employers from basing employment decisions related to “hiring, compensation or terms, conditions or privileges of employment of an applicant’s unemployment.”  The legislation also bars employers from posting job advertisements that require applicants to be currently employed.

Exceptions

There are circumstances where an employer could reasonably consider an applicant’s unemployment. According to the official Council of the City of New York Office of Communications press release, this bill acknowledges that fact by explicitly permitting employers to consider unemployment in certain cases. For example, an employer can consider whether an applicant has a current or valid professional license; a certificate, permit or other credential; or a minimum level of education or training.

Penalties

An individual who believes he or she has been unlawfully discriminated against will be able to take action in court or make a complaint to the Human Rights Commission. The Commission will have the authority to order the employer to stop discriminatory practices, require discriminated applicants be hired and subject the employer to penalties if they fail to comply with the Commission’s orders, such as.

  • Provide back pay and front pay;
  • Pay compensatory damages;
  • Civil penalty of up to $50,000, plus additional civil penalties of up to $100 per day;
  • If the employer engaged in “willful, wanton or malicious” activities, civil penalties can be up to $125,000 to $250,000; and
  • An individual can be found guilty of a misdemeanor and fined of up to $10,000 and/or a year in prison for violating a Commission order.

New York City joins New Jersey, Oregon and the District of Columbia where similar laws have been enacted.

CARCO Group recommends that all employers in New York City should examine their hiring policies in order to stay compliant with the law.  Also, any job advertisements and company interviews should be carefully worded to not include verbiage that could lead to potential liability.

DRIVER iQ, A DIVISION OF CARCO GROUP, OPENS HEADQUARTERS IN TULSA, OK

Tulsa, OK  (March 20, 2013) – Driver iQ, a division of CARCO Group, Inc., the Oklahoma Department of Commerce and the Tulsa Regional Chamber are pleased to announce that Driver iQ has opened its headquarters office at 110 W. 7th St. in Tulsa, OK.  Driver iQ offers a full suite of background information services, including the ability to verify past employment history records, to the trucking industry through its proprietary PRE (Previous Record of Employment) database. This newly developed product is Driver iQ’s solution for carriers to obtain instant employment verifications along with a suite of new, key solutions designed specifically for the motor carrier who is challenged by a driver shortage and astronomical turnover rates.

“Today’s fleets are eager for an alternative solution and constantly looking for ways to cut costs and improve efficiency in the driver screening process,” said Billie Lee, Co-President of Driver iQ.

With a staff of 21 and growing, Driver iQ decided that the Tulsa area afforded the company the ability to recruit and employ from a unique labor pool in Tulsa which has

experienced and qualified professionals from this field.   Ms. Lee stated, “The opening of our headquarters in Tulsa is an important step in building our foundation of expert technologists, and seasoned processing and support teams.”  Ms. Lee also indicated that the combined companies are expecting to see growth that could provide up to 100 jobs for Tulsa over the next several years.

Jeff Thomas, Director of Operations, agreed. “CARCO Group’s Tulsa leadership has years of transportation expertise and our team of verification specialists work hand-in-hand with Driver iQ and their clients to provide the very best in background screening services. We have a unique understanding of our transportation clients’ needs and are excited about the opportunity to serve the industry,” Thomas said.

Tulsa Regional Chamber President and CEO Mike Neal stated: “We are thrilled that Driver iQ has selected Tulsa for its headquarters, with plans to add as many as 100 jobs in the near future. Our region will offer an ideal group of candidates for the new positions, and we are pleased that we can help this growing company succeed and thrive in northeast Oklahoma.”

Tulsa Mayor Dewey F. Bartlett, Jr. said Driver iQ is part of a growing number of industry leaders choosing to call Tulsa home.

“We welcome this dynamic company to Tulsa and stand ready to help them fill their needs for qualified employees,” Bartlett said. “Tulsa continues to attract leading companies from diverse sectors that are expanding their workforces, and it is tremendous news that Driver iQ has made plans for growth and job creation in our city.”

The Oklahoma Department of Commerce said the state remains competitive in attracting top companies and that Driver iQ has a bright future in Oklahoma.

“Companies looking to locate or expand their headquarters have found that Oklahoma is an excellent location to do business,” said Jonna Kirschner, Executive Director of the Oklahoma Department of Commerce.  “We are excited to welcome Driver iQ to Tulsa and look forward to a long relationship.”

About Driver iQ:

Driver iQ is the transportation division of CARCO Group, Inc.  Founded in 1977, CARCO is a nationally recognized information services company that provides HR workflow solutions, and investigative, fraud detection, and risk mitigation services to corporations and businesses. CARCO’s Background Screening Services division and Investigative & Security Consulting division provide background investigations on potential and current employees, vendors, customers, and business partners. CARCO currently conducts over 1,000,000 reports per year, and its services include self-service portal technology, domestic and international due diligence, and general and financial investigations. For more information, visit www.carcogroup.com.

Driver iQ was formed by Lana Batts and Billie Lee, two of the most experienced and well-known professionals in the trucking industry and background screening services. Since its formation in 2011, Driver iQ has gathered the endorsement of the nation’s top truckload carriers for its innovative approach to background screening and the collection and dissemination of historical driver history records. In addition to being in full compliance with the Fair Credit Reporting Act, Driver iQ/CARCO is fully accredited by the National Association of Professional Background Screeners. Driver iQ is based in Tulsa, OK. For more information, visit www.driveriq.com or call 1-800-848-3397.

For More Information Contact:

Billie Lee

Co-President

Driver iQ

Tulsa, OK USA
(631) 862-9300 x 651

blee@DriveriQ.com

http://www.carcogroup.com

Shaun Epperson

Communications Manager

Tulsa Regional Chamber

(918) 560-0267

Cell (918) 557-3809

shaunepperson@tulsachamber.com