Walmart, the nation's largest private employer, hires thousands of new workers across the U.S. each year. But according to a lawsuit recently filed by Youth Represent & Outten & Golden LLP, the retail giant also rejects many qualified applicants because of their criminal histories – part of a uniform hiring policy that disparately impacts Black and Latinx candidates in violation of Title VII of the federal Civil Rights Act of 1964 and the New Jersey Law Against Discrimination.
In collaboration with Outten & Golden, Youth Represent filed a 19-page complaint in the U.S. District Court for the District of New Jersey. The pleadings alleged that plaintiff and similarly situated individuals applied for and were denied employment due to Walmart's centrally administrated criminal history screening process. The class action lawsuit claims that Walmart's overly broad background checks fail to assess if applicants' convictions are job-related or consistent with business necessity and ignore evidence of rehabilitation and mitigating circumstances.
Outten & Golden partner Ossai Miazad said, "Criminal history screening policies that are unjustifiably restrictive and overbroad not only serve as unnecessary barriers to gainful employment for individuals like our clients, but they transport the racial disparities in the criminal justice system into the workplace and have lasting consequences for entire communities."
The plaintiff’s ordeal sheds light on the stigma of a candidate's criminal past, regardless of whether the history has any bearing on the candidate's ability to succeed in a position. After a six-month internship with a Walmart subsidiary and with her supervisor's encouragement, our client applied for an entry-level position at Walmart. The company formally offered her a position shortly after her interview, and our client consented to a third-party criminal history screening. She explained that she had focused on securing employment since her conviction and participated in a workforce development program that led to her internship. Despite her relevant work experience, Walmart rescinded the job offer due to her criminal history.
Michael Pope, Executive Director of Youth Represent, said, "Walmart has an opportunity to demonstrate how their public commitment to racial equity and criminal justice reform is more than a PR statement. Black Americans are disproportionately harmed by the criminal legal system and Walmart can be a leader in mitigating against this harm rather than compounding it."
Outten & Golden partner Christopher M. McNerney said, "Denying employment for qualified candidates left them in a terrible position. Walmart lost out on two incredible, passionate and committed employees."
The case is "Jacqueline Ramos, et al., v. Walmart, Inc.," Case No. 2:21-cv-13827-CCC-AME in the U.S. District Court for the District of New Jersey.