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Quest - 2013

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A.G. Schneiderman Announces Settlement With Fortune 500 Company To End Illegal Hiring
Practices
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Quest, NY AG settle employment issue
Page 1
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Insurance Broadcasting
A.G. Schneiderman Announces Settlement With Fortune 500 Company To End Illegal Hiring Practices
763 words
10 May 2013
Insurance Broadcasting
IBDC
Vol.1, No.1
English
© 2013 Insurance Broadcasting and SourceMedia, Inc. All rights reserved.
Agreement With Quest Diagnostics Ensures Fair Consideration Of Ex-Offenders In Hiring
A.G. Schneiderman: Automatic Disqualification Of Job Candidates With A Criminal Conviction History
Cripples Employment Opportunities For People Who Paid Their Debt To Society
NEW YORK CITY – Attorney General Eric T. Schneiderman announced today that his office has secured
a settlement with Quest Diagnostics, one of the world's largest providers of medical diagnostic testing,
information and services, to ensure that applicants for employment are not automatically disqualified
based on prior arrests or criminal convictions and without considering mitigating factors, as required by
New York state law. Quest has approximately 200 locations in New York and employs approximately
42,000 employees worldwide.
Under the settlement, the company agrees to follow laws prohibiting automatic job disqualification based
solely on criminal history.
"My office is committing to ensuring equal access to employment opportunities for New Yorkers across
our state," Attorney General Schneiderman said. “Those who have paid their debt to society deserve a
fair chance to make an honest living. It’s illegal under New York law to discriminate against job applicants
based solely on their history of criminal conviction and, with this settlement, Quest has now agreed to
needed reform to ensure its job applicants are treated fairly. The law is specifically designed to protect
those who are otherwise qualified for the jobs they are applying for.”
State law requires that employers consider a number of mitigating factors in making hiring decisions
based on criminal history, including the nature and gravity of an applicant's criminal conviction and its
bearing, if any, on any specific responsibilities of the job sought, the time that elapsed since the
conviction, the age of the applicant at the time when the offense was committed and evidence of
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rehabilitation. Attorney General Schneiderman’s office is committed to upholding these laws to ensure
that all New Yorkers receive fair consideration in seeking employment.
Glenn E. Martin, Vice President at The Fortune Society, Inc., a non-profit organization devoted to the
successful reentry and reintegration of individuals with criminal justice involvement, said: "Hiring policies
that discriminate against applicants with criminal convictions have a disproportionate impact on
communities of color. Due in large part to the war on drugs and its focus on poor urban neighborhoods,
racial minorities are incarcerated at much higher rates than other groups, and these disparities produce
consequences that can hamper their efforts to re-enter the job market. We applaud Attorney General Eric
Schneiderman for taking steps to bring New York employers into compliance with the law."
After receiving a complaint from a prospective job applicant and reviewing other information, the Attorney
General's Office conducted an investigation and determined that Quest had deemed ineligible or
automatically disqualified job applicants with a criminal history. The Attorney General’s investigation
found that some applicants were rejected for employment regardless of their qualifications or experience
in the field, even where the prior convictions were years old and the applicant had shown evidence of
rehabilitation and a clean record since.
The investigation also revealed that one of Quest’s subsidiary companies, ExamOne Worldwide, Inc.,
contracted with insurance companies and violated New York law by imposing a blanket ban on hiring job
applicants who had a criminal conviction within the prior seven years.
Pursuant to the settlement and the requirements of state law, Quest will ensure compliance with the law
going forward, modify its policies, conduct training for employees around these policies and preserve
records of its hiring decisions and any complaints related to criminal history discrimination. This corrective
action applies to Quest and all of its subsidiaries, including ExamOne. Quest will pay a $70,000 penalty to
the Office of the Attorney General and provide periodic reports to the Attorney General’s Office to ensure
compliance with the law.
This matter is being handled by Assistant Attorney General Sandra Pullman, under the supervision of
Civil Rights Bureau Chief Kristen Clarke and First Deputy of Affirmative Litigation Janet Sabel.
The Civil Rights Bureau of the Attorney General's Office is committed to promoting access to equal
employment opportunities and combating discrimination faced by all New Yorkers. To file a civil rights
complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visit
www.ag.ny.gov.
FOR IMMEDIATE RELEASE
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May 9, 2013
New York City Press Office / 212-416-8060
Albany Press Office / 518-473-5525
nyag.pressoffice@ag.ny.gov
Twitter: @AGSchneiderman
Document IBDC000020130510e95a000b8
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Quest, NY AG settle employment issue
Tracey Drury
471 words
10 May 2013
Business First of Buffalo Online
BSFBFO
English
© 2013 American City Business Journals, Inc. All rights reserved.
Quest Diagnostics has settled with state regulators following an investigation into employment violations
by the New York State Attorney General's office.
The AG's office announced the settlement ensures that applicants for employment will not be
automatically disqualified based on prior arrests or criminal convictions and without considering mitigating
factors, as required by state law.
Quest has approximately 200 locations in New York - including more than 30 in Western New York, with
approximately 42,000 employees worldwide.
The company is among the world's largest providers of medical diagnostic testing, information and
services.
According to the AG's office, the company agreed under the settlement to follow laws prohibiting
automatic job disqualification based solely on criminal history.
Attorney General Eric Schneiderman said in a media release his office is committed to equal access to
employment opportunities.
"Those who have paid their debt to society deserve a fair chance to make an honest living," he said. "It's
illegal under New York law to discriminate against job applicants based solely on their history of criminal
conviction and, with this settlement, Quest has now agreed to needed reform to ensure its job applicants
are treated fairly. The law is specifically designed to protect those who are otherwise qualified for the jobs
they are applying for."
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State law requires that employers consider a number of mitigating factors in making hiring decisions
based on criminal history, including the nature and gravity of an applicant's criminal conviction and its
bearing, if any, on any specific responsibilities of the job sought, the time that elapsed since the
conviction, the age of the applicant at the time when the offense was committed and evidence of
rehabilitation.
The investigation stemmed from a report from a prospective job applicant. The AG's office found some
applicants were rejected for employment regardless of their qualifications or experience in the field, even
where the prior convictions were years old and the applicant had shown evidence of rehabilitation and a
clean record since.
The investigation also revealed that one of Quest's subsidiary companies, ExamOne Worldwide Inc.,
contracted with insurance companies and violated state law by imposing a blanket ban on hiring job
applicants who had a criminal conviction within the prior seven years.
Pursuant to the settlement and the requirements of state law, Quest will ensure compliance with the law
going forward, modify its policies, conduct training for employees around these policies and preserve
records of its hiring decisions and any complaints related to criminal history discrimination. The company
will also pay a $70,000 penalty and provide periodic reports to ensure compliance.
Did you find this article useful? Why not subscribe to Business First of Buffalo for more articles and
leads? Visit bizjournals.com/subscribe or call 1-866-853-3661.
Document BSFBFO0020130510e95a00001
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