DC man sues employer saying he was unlawfully fired due to decades-old misdemeanor charge
Man sues employer after being fired over to decades-old misdemeanor charge
A man who transported patients to medical appointments is suing his former employer, alleging he was unlawfully fired after failing a criminal background check despite — he says — years on the job without incident. FOX 5's Katie Barlow explains.
WASHINGTON - A man who transported patients to medical appointments is suing his former employer, alleging he was unlawfully fired after failing a criminal background check despite — he says — years on the job without incident.
The backstory:
James Blakney says he was abruptly fired last year after working for nearly three years transporting patients to and from medical appointments. According to a lawsuit filed in D.C. federal court, Blakney had passed three criminal background checks during his employment.
Blakney does have a criminal record, including what appears to be a 2007 felony conviction for heroin distribution — based on FOX 5's review of court records. He was also charged with assault on a police officer in 2000, though that charge was later reduced and ultimately resolved with a misdemeanor conviction for destruction of property.
In 2024, Blakney says he was denied continued employment because of that 2000 conviction.
Dig deeper:
The lawsuit names Missouri-based Medical Transportation Management Inc. (MTM), which subcontracts with Maryland-based OnTime Transportation. Blakney began working for OnTime and MTM around June 2021, according to the complaint.
Blakney claims MTM maintains a zero-tolerance policy for violent convictions or charges — regardless of how old they are or an employee’s job performance — and argues that policy violates the D.C. Human Rights Act.
The suit alleges the policy has a discriminatory impact on Black workers.
"We did our time. We did everything," Blakney said. "We shouldn’t have to keep going through this over and over again… especially after 15, 20 years that the case is over and done with."
Big picture view:
Advocates say broad criminal background bans can disproportionately affect Black applicants.
Sarah Bessell of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs says that while Black residents make up about 50 percent of D.C.’s population, they account for a significantly larger share of felony convictions.
"That means a blanket criminal background policy is going to have an outsized impact on Black workers," Bessell said.
According to the complaint, Blakney received an email from an MTM credentialing coordinator stating he was rejected because his record showed assault on a police officer — despite the charge being reduced decades ago.
The lawsuit is pending in D.C. federal court. OnTime Transportation and Medical Transportation Management Inc. have not yet responded to requests for comment.