Jessy Edwards , Abraham Jewett  |  January 19, 2023

Category: Discrimination

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Walmart - not hiring those with criminal history
(Photo Credit: Mike Reddington/Shutterstock)

Update:

  • A federal judge in New Jersey ruled that Walmart must face claims it discriminated against job applicants with criminal backgrounds. 
  • The plaintiffs accuse Walmart of using broad screenings that allegedly don’t take rehabilitation into account. 
  • U.S. District Judge Brian R. Martinotti ruled a six-year statute of limitations could be applied to the claims, longer than a two-year statute of limitations Walmart suggested.
  • Walmart, in asking for the two-year statute of limitations, unsuccessfully argued the action sounded like a tort.
  • The claims have been filed under Pennsylvania’s Criminal History Record Information Act. 

(July 21, 2021)

Walmart unlawfully blocks people with criminal backgrounds from getting jobs with a policy that disproportionately hurts Black and Latinx jobseekers, a new class action lawsuit alleges.

Plaintiff Jacqueline Ramos filed a class action lawsuit against Walmart Monday in a New Jersey federal court, alleging the retailer’s screening policy violates the Civil Rights Act of 1964, Law360 reported.

Ramos says she applied for a job at Walmart and got a job offer, but then the offer was rescinded when she told the company she had a prior felony conviction.

She says she was invited to apply for an IT-support role after doing a six month, full-time internship at Walmart’s subsidiary, Jet.com. 

She completed two successful interviews, yet was kicked back after criminal history screening company First Advantage contacted her about her conviction.

Despite explaining she was with friends who committed the crime in question and took a plea deal for fear of receiving a lengthy prison sentence, her job offer was rescinded, she says.

Questioning the decision, her former supervisor and the recruiter told her “the decision was out of their hands,” the complaint says. “Ms. Ramos understood this to mean that the decision was to be made at the corporate level.” 

She claims Walmart’s screening policy perpetuates “the gross racial disparities in the criminal justice system into its applicant pool.”

“It is more than plausible that by screening for criminal history, Walmart’s hiring practices import the nation’s severe racial disparities in conviction rates, resulting in a policy and practice that disproportionately screens out Black and Latinx applicants, when compared with white applicants,” the complaint says.

Ramos says Walmart implements an overbroad criminal history screen that fails to actually assess whether an applicant’s convictions are job-related or create a business-necessity for denial of employment.

Black and Latino applicants are disproportionately screened out, violating the New Jersey Law Against Discrimination, Ramos alleges.

She seeks to represent a nationwide Class of Black and Latinx people denied employment at Walmart due to their criminal history, as well as a New Jersey subclass.

Uber is facing similar class action charges. In an April class action lawsuit, plaintiffs alleged Uber unlawfully uses criminal history records to discriminate against drivers, fueling “significant racial disparities” across the United States.

Uber is accused of violating the city’s Fair Chance Act (FCA) by either firing drivers or denying people the opportunity to work for them based on the results of background checks. 

What do you think about the companies’ hiring practices? Let us know in the comments.! 

Ramos is represented by Gregory S. Chiarello, Ossai Miazad, Mikael A. Rojas and Christopher M. McNerney of Outten & Golden LLP and Michael C. Pope of Youth Represent. 

The Walmart criminal background class action lawsuit is Jacqueline Ramos, et al. v. Walmart Inc., Case No. 2:21-cv-13827, U.S. District Court for the District of New Jersey.


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157 thoughts onWalmart class action alleging background check discrimination to proceed

  1. Tiffany Gunter says:

    Add me please

    1. Janele Lonigan says:

      Excuse me judge but all companies in America do this they use a corporation online to do this for them

    2. Rahshan Paige says:

      I am glad that people is finally speaking on this discrimination… my story is something similar to ms Ramos story… I happens to be discriminated on from Amazon delivery driver position job Elizabeth nj Walmart in kearny nj stocking position & Linden nj Stocking position.. in linden I had a offer letter and still got denied and going threw the whole process everything look good into a denial.. but the funny thing about getting denied they can’t really explain why did I get denied.. on my charges i don’t have anything violent just possession with a tent to distribute thousand feet from school zone..I have no stealing on my record so for them to be treating me like I’m someone who doesn’t exist its sad… I told myself when I get a chance I’m putting in a law suit against them for discriminating on me because of my background.. I was depends on amazon & Walmart so I can make some money everytime I get denied I will like a explanation why I been denied but never get one the only thing I hear is I have background which is not explaining anything… I went down for my poss wit intent to distribute 2014 & maxout 2017 every since iv’e been charge free I don’t understand maybe this lawsuit will wake them up..

  2. Staci Wrench says:

    I was offered a position with Sam’s Club and went to orientation only to get pulled out and was told corporate needed more information with my background check. I was instructed to contact background company. I was told to complete a questionnaire sent to my email all questions about a misdemeanor charge that I had informed them about from the start. After a couple days I received an email Walmart corporate had recended the job position and I wasn’t eligible to work for them. I have never felt so insecure on my life. The charge on my record is a criminal trespassing charge that I received 6months unsupervised probation for and it a misdemeanor and it in know way makes me a threat to hire. They have caused me incredible financial ruin and I’m completely fallen into a level of depression my life is completely falling apart I’m loosing my car and going hungry . To be discriminated against in such a way has made me loose all self worth making it unimaginably difficult to get a job. I’m just devasted.

    1. amber anthony says:

      i lived in Pennsylvania and i currently live in Illinois. i have 2 misdemeanors on my record ine feom 2006 and one from 2009. when i lived in Pennsylvania i applied to walmart in butler pa in 2007, and i applied to walmart in hermitage pa in 2008 and they both denied me a job after i went to 2 interviews at each one.
      i moved to Illinois in 2010 and after a few years, i want to say 2013-2014 i applied to target in Hodgkins il and they said that because i had 2 misdemeanors on my background that i was automatically considered a no-hire. i went to walmart and sat there for over an hour filling out my application on their computer and was called for an interview after like 2 wks. the 1st interview went great. they said my background check came back already and that everything looked good. they scheduled me to come back for a second interview like 2 or 3 days later. the manager that did my 1st interview said i was pretty much hired and that when i came back for the 2nd interview to make sure i bought my drivers license and social security card with me so i could fill out my paperwork and if i wanted direct deposit bring that info. so i left with the understanding i basically had the job already.
      so i go to the second interview and its with somebody different. the interview goes great and she hands me all the forms i need to fill out. i fill it out n give to her and she starts giving me a tour of the back like where the restrooms are and the break room and shes showing me where the schedule would be posted etc etc. after the tour we go back to her office she can start putting my info in the computer and set up my schedule for the rest of the week and after about 5 minutes she turns to me n says…”you have 2 misdemeanors on your background?” and i said “yes, i put that on my application. i went on to explain that i finished my 2 yrs of probation without any issues and i paid my fines in full and earlier than anticipated. i had gotten in trouble in 2008 but was sentenced in 2009. i did my time and i hadnt been in any trouble since.” she just looks at me and she says, “well i cant hire you. im sorry.” im shocked at this point and i dont know what to say. she then goes on to tell me that because i have 2 misdemeanors in my background, that i will never work for any walmart or any affiliated store. she said that having 2 misdemeanors basically disqualified me for any position there. i applied to work overnights doing stock. so i have been discriminated against by my past. i did my time n what i was supposed to do and at that time, it was 2014. i hadnt been in any kind of trouble in like 6 yrs. they dont believe in rehabilitation and second chances and i was at a loss for words when she explained that to me. please add me. walmart sneak disses alot of people low key and its not right. i get it, i had 2 misdemeanors within 3 yrs, but they were for non violent low level offenses. i did my probation n i was off it for 3 years. it had been 6 years since i got in trouble…if that doesnt show u i worked hard n changed my life around then i honesly dont know what will. the really dont believe in rehabilitation or second chances. nobody is perfect but we live n learn from our mistakes. i dont think we should be judged so harshly and have to keep paying for a mistake we made. so please add me

  3. Adam Henderson says:

    Add me

    1. It’s Monday says:

      There is a reason why they do a criminal background check. Even with a felony, it’s a pain to get a job anywhere, especially in a multimillion dollar company. They see that person as a liability to the store and business. (Even though the person did well in the interview). Because how is the place who is hiring that individual knowingly they won’t go back into their old habits which caused them to gain the felony in the first place? People make mistakes and people do learn and some don’t. But some do paint a pretty picture to get an on-site job done as well. Now, I didn’t see where she mentioned the position she applied for. If it’s for anything that has to do with money, management, health and wellness, it will automatically will require a background check.

  4. Nathen Stoeckel says:

    I just went through the same thing. I would like very much to hold this company accountable for discrimination. I will be contacting NAACP and hopefully will be able to find a lawyer to take my case pro Bono. Walmart hired me shortly after I got out of prison in Illinois now they won’t hire me in Safford Arizona 20 years later. Doesn’t make any sense.

  5. Audrey Winship says:

    I, too was all but hired waiting on my background check. Please add me.

  6. Vanessa Washington says:

    Add me

  7. NATHANIEL L EDMONDS says:

    add me please

  8. Randall Heath says:

    Add me plz

  9. Carlos Marin-Vega says:

    Walmart me ofreció el empleo en Orlando pase la entrevista y luego me denegaron por una convicción de felonía de más de 14 años de antigüedad

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