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In recent legal news, Rover faces a class action lawsuit claiming the service mishandled background checks for prospective employees.
According to plaintiff M. K. Newbrough, Rover, an online service enabling dog owners to connect with dog walkers, sitters and boarders, engages in “unlawful and discriminatory criminal history screening policies and practices, which have been used to deny employment opportunities to otherwise qualified job applicants.”
These policies allegedly violate a variety of laws, including New York City’s Human Rights Law.
Newbrough says she was preparing to move to New York City for a few months in late August 2018. While looking for part-time work to supplement her income, Newbrough reportedly applied to be a pet caretaker at Rover.
The plaintiff claims she filled out an online application. Upon approval, these applications are made viewable to dog owners.
As a part of her application, Newbrough says, she was required to pay for a background check with Checkr. In September 2018, she claims she received an email stating that “[y]our sitter profile has been reviewed and will go live on Rover.com once we receive word that your background check has cleared.”
However, Newbrough says she received an email in late September with the subject line, “Post-adverse action notice – Rover.”
According to the email, she would be unable to work with Rover as a result of a criminal history.
Within the email, Rover said its decision was outlined in a “pre-adverse action letter.” However, according to Newbrough, she hadn’t received this letter, and the post-adverse action notice was the first time she had heard of the issue.
The Rover class action lawsuit argues that she should have been informed of the issue through the purported pre-adverse action letter, but was never sent the notice.
Additionally, Newbrough claims her criminal history was not severe enough for Rover to deny her application.
Rover reportedly based its decision on three charges on Newbrough’s background check.
However, for one of the charges, no conviction was ever reached – meaning the charge is irrelevant, the Rover class action lawsuit says. Newbrough argues the remaining two charges were for offenses that were entirely nonviolent, resulted in only misdemeanor convictions and had no relationship with the treatment of animals.
“The background report that Rover received from Checkr clearly indicated that that her convictions were for misdemeanor offenses for which she did not receive any jail time, not felonies for which she was incarcerated,” the Rover class action lawsuit argues. “Yet this important fact did not make its way into Rover’s analysis.”
However, despite these facts, Rover allegedly violated human rights laws by denying Newbrough’s application. Based on this, Newbrough is taking action under New York City’s Human Rights Law.
The New York City Human Rights Law was passed after the city determined that “there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of groups prejudiced against one another and antagonistic to each other because of their actual or perceived differences, including those based on … conviction or arrest record.”
As a result, the city passed protections which prohibit premature inquiries into criminal records and discrimination based on conviction histories.
Newbrough argues that Rover violated this law with their “overbroad and/or arbitrary bans on hiring because of conviction histories” that allegedly “undermine and violate New York City’s clearly articulated policy.”
According to the Rover class action lawsuit, the New York City Human Rights Law has found that such acts of discrimination “menace the institutions and foundation of a free democratic state.”
“Through its procedures, Rover violated Plaintiff’s rights under the New York City Human Rights Law as amended by the Fair Chance Act, which was enacted to protect individuals with criminal convictions against irrational discrimination in employment and thus facilitate their reentry into society,” the Rover class action lawsuit claims.
Newbrough seeks to represent a Class of consumers in New York City who applied for a Rover profile and had a background check ordered for them before Rover made a conditional offer of employment.
She also seeks to represent two subclasses.
The first subclass includes individuals who were denied Rover profiles based on criminal charges that did not result in a conviction. The second subclass includes individuals who were denied Rover profiles based on criminal offense information despite being denied the opportunity to respond to the company’s analysis.
The plaintiff seeks injunctive or declaratory relief to correct Rover’s alleged discriminatory practices; compensatory, statutory and punitive damages; attorneys’ fees and court costs; pre- and post-judgment interest; payment of a reasonable service award to Newbrough for services she is rendering to potential Class Members; and any other relief deemed proper by the court.
Did you have a background check issued by a prospective employer? Did you fail to receive notification for some or all of this check? Tell us about it in the comments.
Newbrough and the proposed Class are represented by C. K. Lee of Lee Litigation Group PLLC.
The Rover Background Check Class Action Lawsuit is M. K. Newbrough v. Rover Inc., Case No. 1:20-cv-05009, in the U.S. District Court for the Southern District of New York.
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13 thoughts onRover Class Action Lawsuit Alleges Overbroad Hiring Bans
Is there any room for my experience in this lawsuit? Rover, let me know they divorced me from service.Their words not mine.Divorce me from service.And we’re deactivating my account “MID HAVING AN OWNERS (That were on VACATION, out of state) Leaving no communication with me or the owner.
Deactivated my account while I have SOMEONE ELSES DOGS”! I had.
Preventative care by my side in the slightest way It wasn’t a total loss.
It could have ended way worse. Had the owner been Anything else but understanding?I did not receive all my pay When the owner came and got their pets.I did not have anybody to back me up.I didn’t have anything but despair and emotional pain for the next two weeks Trying to come to a level of acceptance of what happened?I am mortified.
That now me as a sitter was expendable to them But I was so shocked that the owner being a consumer was too.
I’m really be hoping that there’s room for me to get something. To cover all the losses that I took, I had my. Entire month budgetedid 4 bills out of the next 4 bookings that I had. I heard me and they just deactivated my account calling it. Divorce of service told me that if the owner isn’t trying to pay me all my money. That I need to refer to local resources to cover the loss or to intervene. And/or was all they had for suggestion? I did not receive all my money from the owner. I did not receive all my money from the owner. I did not receive any real explanation from the app rover. At all. I’m at a total loss.
I’m so emotionally complexed mid. Having somebody else’s dogs they cut off.
Everything that they claim They offer For business they Had no ethics.
In the actions And approach applied.
Doing me how they did.
I’m about to move a family into my house. A full 4 person family just to cover my. Rear end Do not become homeless I am emotionally damaged from this experience.I start with a therapy program in my local area called better health for some serious Specific therapy and starting to work with a “Stabilization self help Specialist” in there office as well.. Can anybody help me?
I feel like I need them know they Damaged me damaged me. I don’t know if this is some kind of aftershock from the moment. I was experiencing already a reality that felt.
Unreal.
When they Cut off all services. It was midday. I just brought the dogs in from a walk. Took off their Lisa’s and was looking into my phone so that I could send an update to their owners on what a good day it had been and I went to log in to my account and it was gone and for some reason.
I’m so beside myself to know that. From the outside because that’s an account holder.My account wouldn’t let me log in.So I took my started searchon their app.
For who was available in my area as a caregiver for Pets within my local area. You know kind of like 8 outside. View searching their app looking for myself. You know what? I mean, I don’t know if it is make any sense. Well come to realize it was showing the rest of the world from my profile that I deactivated my own account. It said that I. Was no longer available As I had disabled my account myself. The way that it was worded was that I did it. I was so mortified I broke down.
I felt frozen. I didn’t understand I’ve swear. I didn’t do anything to deactivate my own account. And so I called them and they let me know that they didn’t, but why did the profiles tell the rest of the world that I did it to myself on my own account? I want emotional damages not to mention the losses from all my bookings lost and the owner they left me hung out to dry with the dogs of paid me no where near my greed and confirmed through rover mind you of my earnings that I EARNED rightfully and didn’t get I feel manipulated and fooled and used from this!
Please help Rover did the same thing to me
Rover approved my background check in 2019. Had not complaints until a non rover person who had a non dog service personal problem with me began making Facebook post, tagging rover and my name. Rover suspended my account until a 2nd background check was completed. After two months the background check company submitted a incorrect and incomplete report. I appealed with good evidence but still was denied.
Where can I join this class action? Rover deactivated me based on a non verified customers review that was totally false.
Can I join this lawsuit? Rover deleted my account due to me having a non violent misdemeanor that I did no jail time for. They deleted my account when I was never guilty of the charge against me.
This happened to me as well
Yes the same thing happened to me, please add me
Hi,
Rover is a petsitting site.
I received.a daycare request,
and it was cancelled on the
spot. This owner was suppose
to come between 1:30 PM to
2 pm. I was waiting the owner
and a dog at a curb from 1:20
PM to 2:10 PM. Our place is
a kind of hard to find, this was
reason I was waiting at a curb
since this owner is the first
time to me.
I went back to a home and saw
email from saying a dog is
not coming at 1:40 PM.
Then. I received a email from
Rover for cancellation saying
based upon my cancellation
policy, Rover will refund to the
Owner. I called Rover, there
mist be some mistake since
my cancellation policy is 1 day.
Rover said they offer a free
cancellation policy to day care
customer service to entice
more business for Rover.
It say so at Rover’s site.
I said this is not right. I cancelled my appointment and
made myself unavailable to
host a dog and no compensation for my parts
Only Rover and customers benefit. I complain their cancellation policy, they said
they can submit to upper
management. However, their
policy will very likely change.
First, it says based on my
cancellation policy, actually
their cancellation policy.
Wrong statement.
Also., these practice should
be corrected immediately.
I am sure, I am not only one
who is not happy with their
on the spot cancellation policy.
Should you have any questions,
Please kindly contact me.
Thank you.
June Abe
(949)400-3021
Hi June, Curious if you had any resolution on this. I have a similar but not exact situation regarding the cancellation policy not being honored.
Same. They have since deactivated my account but I intend to send a demand letter for the money owed to me.
It is frustrating that they recently won a cade ruling a walker is not an employee, yet they exercise all the power of an employer in writing up our “contracts” without any negotiations and have the freedom to fire us without breaching the contract that they wrote up, naturally. If we are “independent contractirs” why are we 100% absent from the contract building process? It is blatantly unfair on the face of it, handing unedited power to an already advantaged party in the transaction, leaving workers helpless, vulnerable to being treated as disposibke, at great risk to our financial security. Yet adding more safeguards for us would not hurt their bottom line at all.
Same, this also happened to me. They deactivated my account with no explanation. I never received anything saying my background check was not approved.
How about the class action lawsuit where they took 20% from what we made treating us as independent contractors when we were actually employed by them since they had control over who they accepted based on background checks and controlled our pay. I got a letter notifying me that I should file. But where do I file?
I love that u pointed this out Not only have I been emotionally damaged by the immoral display of ethics Deactivating my account for no reason showing on the opposite end of meeting the account. Holder, anybody that was viewing my account from the outside? Looking in my account was saying that I was choosing to deactivate my account and will no longer be available to provide service for any convenience, please follow. Blah blah blah of a link for rover To set you up with a different sitter.
You wouldn’t believe how God stopping. This was to have experienced mid having another owner’s dogs that was out-of-state on vacation across the country. No joke they cut us both off of communicating for each other. This was a huge emotional poll for me. Let alone the financial poll because the owners didn’t get me all my money. By the time they did come room retreat their animals. No joke. I’d received nowhere near the amount that I was supposed to give in rover’s mediation in mediation in agreement of terms and payment confirmation they oversaw. And confirmed definitely. You wouldn’t even believe come to find out that before they returned the funds. To the owner’s account before they deactivated and cut off. Communications between me and the owner come to find out the owner. Let me know that rover still took there 20% of the whole amount even though I didn’t get paid the whole amount in the end. I am so shocked by this experience emotionally. I’m still having trouble getting back to getting my feet on the ground with a little bit of reality in tow man But nonetheless, I love that you are addressing the misclassifactor b factor because they totally put it on me saying that I’m an independent contractor and I need to be able to mediate my own funds and the end of it. There’s nothing they can do. And I could be more than obliged to turn to my own local resources. If I’m having a trouble with my retrieval of funds from the owner, they have nothing to do with it. Sorry, basically sorry. Oh my God, lady said sorry I wanted to die. You’re d*** right about this point. I’m so sorry you’ve got word right there. But oh my goodness. Wasn’t a God so I was looking around me like? Is anybody else hearing this and I had nobody else here really within my phone call to hear hear within earshots of my phone call with the owner or with the I’m Sorry with t. Rover, trust and support team on the phone I was looking around me like.Is this planet Earth right now?And what I don’t believe i’ve ever heard of not only the Individual Directed for service, I was directed by rover. I was completely within the formulated box of doodles and don’t and what? Rover is is what rover needed you to abide by and that is it , and I did everything to a t with my servicing , which wasn’t Easy if I don’t say so myself. And they left me in a rut telling me that tough break. Basically tough break man. Sorry you’re off for your own business here. There’s nothing we can do deal with it. Outside of us like what the hell it was created within you.What the hell it wouldn’t be a situation?If it wasn’t for you, can we please get emotional damages?Can anybody please help us?Can anybody please help me please question mark