Security and crowd control personnel provider Andy Frain Services has been hit with a class action lawsuit accusing the company of allegedly discriminating against job applicants with criminal records, allegedly in violation of Illinois state law.
The lawsuit was filed on behalf of named plaintiff Daniel Lee, identified only as a resident of Cook County. According to the complaint, Lee has a criminal conviction record.
The lawsuit asserts the Aurora-based Andy Frain has violated the Illinois Human Rights Act by allegedly refusing to hire people, like Lee, with criminal conviction records for crowd security positions.
The lawsuit notes that in 2021, Illinois Gov. JB Pritzker signed into law an amendment to the IHRA law that was enacted by the state's Democratic legislative supermajority that increased anti-discrimination protections for people who had been convicted of crimes.
Before the amendment, the lawsuit notes, the IHRA law prohibited employers from screening against people who had been arrested, but not convicted. In 2021, however, Pritzker and Democrats expanded the law to also block employers from screening against job applicants who had been convicted of crimes.
Employers who deny a job to an applicant based on a criminal conviction must also provide applicants with certain required notices, which give the applicant the opportunity to respond to the determination.
State lawmakers and Pritzker said the changes to the law were needed to particularly enhance job and career advancement opportunities for black and Latino Illinois residents, who they said have been "disproportionately impacted" by employers screening against job applicants with criminal convictions.
In the lawsuit against Andy Frain Services, Lee and his attorneys claim Lee was illegally denied a job as a security guard by Andy Frain in 2022, after Andy Frain allegedly found a 2014 criminal conviction as part of a background check.
According to the complaint, Lee was a former licensed security guard who had previously worked for Andy Frain for eight months. The lawsuit claims Andy Frain was aware of the 2014 conviction at that time.
However, Lee said Andy Frain still used his conviction against him in the fall of 2022, when Lee reapplied for a job with the company. Lee claims the company had offered him a job, but rescinded that offer following a background check.
According to the complaint, Andy Frain asserted it believed Lee's felony conviction "would disqualify him from the required licensure to carry a firearm."
Lee contends that license is not needed for most security jobs through Andy Frain, allegedly including the job of events security officer which Lee allegedly applied for.
The lawsuit asserts Andy Frain's rejection of Lee was part of a pattern of allegedly illegal discrimination against job applicants with criminal convictions without applying the new tests allegedly required by the new state law.
The plaintiffs seek to expand the action to include at least dozens of others with criminal convictions who similarly have been denied jobs by Andy Frain.
The lawsuit seeks a court order requiring Andy Frain to change its alleged hiring practices and to submit to state human rights training programs.
They are seeking unspecified money damages. Employers hit with IHRA lawsuits can face significant penalties, including uncapped compensatory damages and punitive damages.
Andy Frain did not respond to a request from The Record for comment concerning the lawsuit.
Lee and the proposed plaintiffs' class are represented by attorneys David Fish and Mara Baltabols, of Workforce Law Partners.