In a significant legal move, an individual has filed a lawsuit against a major delivery service company, alleging wrongful denial of employment based on criminal background information. Dorsey Harrison initiated the complaint against United Parcel Service, Inc. (UPS) in the Court of Common Pleas of Delaware County on November 27, 2024.
The case revolves around an employment offer made to Harrison by UPS for the position of Casual Package Driver in September 2024. The offer was contingent upon passing a criminal background check. Harrison's background revealed a conviction from 2011 for second-degree statutory sexual assault under Pennsylvania law, which occurred when he was 19 years old and involved a victim under the age of 16. Despite this conviction being more than a decade old and occurring when Harrison himself was quite young, UPS rescinded their job offer in October 2024 after receiving the background check results.
Harrison contends that UPS's decision not to hire him was primarily motivated by his criminal record, which he argues is not relevant to his ability to perform the duties of a Casual Package Driver—namely delivering parcels to residential or commercial properties. He asserts that his past conviction does not pose any rational risk to potential customers or employees at delivery locations. Furthermore, Harrison accuses UPS of acting in bad faith and violating Pennsylvania’s statute (18 Pa.C.S.§ 9125), which limits how employers can use criminal records in hiring decisions. According to this law, only felony and misdemeanor convictions directly related to job suitability should be considered.
The plaintiff seeks liquidated damages ranging from $1,000 to $10,000 for each violation of the statute as per 18 Pa.C.S.§ 9183. Additionally, he demands compensation for lost wages and benefits due to the adverse employment action taken against him, as well as damages for emotional distress caused by this incident. Harrison also requests reimbursement for legal costs incurred during this litigation process.
Representing Dorsey Harrison is attorney Samuel A. Dion from Dion & Goldberger law firm based in Philadelphia. The case is being heard in Delaware County’s Court of Common Pleas under Case No., with no specific judge mentioned yet.