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For $3.75 million, Target has settled a class action lawsuit alleging that the company’s background check policy is discriminatory.
As a result of the settlement, Target will take action to remedy the alleged discrimination including giving hiring preference to previously rejected black and Latino job applicants, pay damages to those no longer seeking jobs at Target, revise its background check system, and support nonprofits who help formerly incarcerated individuals find employment.
Plaintiffs Carnella Times and Erving Smith were previous job seekers at Target who believed they faced discrimination due to Target’s background check policy. They claimed that Target’s background check violated Title VII of the Civil Rights Act, because it disadvantages black and Latino job applicants.
The Target discriminatory hiring practices class action lawsuit alleged that Target doesn’t hire job applicants who have been convicted of felonies involving “violence, theft, or controlled substances,” in the seven years before they submitted their application. According to the workers, Target also does not hire applicants who they believe lied about or misrepresented their criminal backgrounds.
Times and Smith claimed that this practice is illegal under Tile VII because it affectively “imports the radical and ethnic disparities that exist in the criminal justice system into the employment process.” Thus, the workers claim that Target’s hiring practices amplify existing discrimination, disadvantaging black and Latino job applicants more than white applicants.
Target has agreed to a class action settlement, stating that they will take actions that include actively giving preference to more than 41,000 black and Latino job applicants who were previously rejected because of criminal history. The company will pay the $3.75 million to applicants who are no longer seeking employment with Target and were previously denied. Additionally, the company has agreed to donate $600,000 to nonprofit organizations who help previously incarcerated individuals find a job.
The company will also reportedly hire independent consultants to assess Target’s background check policy, and hire organizational psychology experts to analyze how Target uses criminal background checks in hiring decisions, and to help the company find a new, less discriminatory way to approach that information.
In a positive response to the Target discriminatory background check policy class action lawsuit, the workers stated that the settlement “provides a process for remedying Target’s allegedly flawed hiring policies; it affords class members opportunities to obtain jobs or compensation; it funds a [system] that will help nonprofit organizations engaged in re-entry work.”
The workers expressed pleasure at the fact that the settlement not only compensated workers directly impacted, but makes efforts to better Target’s hiring approach going forward, and aids organizations working to decrease discrimination on a societal level.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
Times and Smith are represented by Ossai Miazad, Adam T. Klein, Lewis Steel, Cheryl-Lyn Bentley, and Christopher M. McNerney of Outten & Golden LLP; and Sherrilyn Ifill, Samual Spital, and Coty Montag of NAACP Legal Defense Fund.
The Target Discriminatory Background Checks Class Action Lawsuit is Carnella Times, et al. v. Target Corporation, Case No. 1:18-cv-02993, in the U.S. District Court for the Southern District of New York.
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168 thoughts onTarget Will Pay $3.75M to Settle Employee Discrimination Class Action
Iv been calling 8668800287 And they been keeping me updated
Thank you
What are they saying
I was told two days ago that we should be expecting the checks by the end of the month, I called the number. Any one else hear anything?
Hello Dontrail, May I ask, where did you get this information? I’ve been calling and they say they can’t give me any updates they say just to look out for the mail. Thank you
what number do you have im part of this too and havent heard anything since the letter of up to a 1000 or a job lol .
I’m assuming everyone got theirs because no one is asking about it but I didn’t hear anything oh well.
Has anyone heard anything yet or how we can contact them
The court expects to make a final decision by approximately December 19, 2019. Please keep in mind that payments cannot be made until after final approval of the Settlement and after the time to file appeals has expired. It may be 60 or more days after the final approval hearing has occurred before we are provided any updates regarding the payment timeline. As we are bound by the timelines outlined in the Final Approval of the Settlement Agreement we ask that you please be patient during this time. Additionally you can email back in a few weeks and see if we have any new information to provide to you at that time, keeping in mind there may not be any changes.
Please feel free to contact
Individuals may also contact Ossai Miazad, Cheryl-Lyn Bentley or Christopher M. McNerney at (212) 209-0676. Please let me know what you find out.
Individuals may also contact Ossai Miazad, Cheryl-Lyn Bentley or Christopher M. McNerney at (212) 209-0676.
the attorneys of”Outten & Golden LLP .. is the office if anyone finds out please update here!
Can u tell me when we receive the settlement i haven’t heard anything back since i received the first letter qualifying me i sent everything back but am still waiting on a response
From what I understand the settlement has been approved but no one has heard from the attorney sent if you know their names can you please send it to my email so I can call them
No I haven’t heard anything yet do you know the name of the attorneys