Walmart accused of using criminal background checks to discriminate against Black workers

Walmart class action lawsuit overview:

• Who: Two former Walmart logistics workers filed a class action lawsuit against the retail giant.
• Why: The plaintiffs allege Walmart’s use of criminal background checks to vet former employees of a third-party logistics company had a disparate impact on Black workers.
• Where: The Walmart class action lawsuit was filed in Illinois federal court.

A new class action lawsuit alleges Walmart’s use of criminal background checks to vet former employees of a third-party logistics company had a disparate impact on Black workers.

Plaintiffs Mark Balentine and Laseant Sardin, who are Black and have criminal records, say they worked for years at a Walmart distribution center in Elwood, Illinois, through a contract with Schneider Logistics.

In 2019, Walmart ended its contract with Schneider and took over the distribution center, offering jobs to the Schneider employees who reapplied.

Balentine and Sardin were initially offered positions with Walmart, but those offers were revoked after the company conducted criminal background checks, the Walmart discrimination lawsuit states.

The plaintiffs say they were not hired because of their criminal records, even though they had been successfully performing the same jobs for years.

The lawsuit claims Walmart’s criminal background check policy disproportionately affected Black workers, who are more likely to have criminal records due to systemic racial disparities in the criminal justice system.

The plaintiffs allege that Walmart’s policy was overly restrictive and failed to consider individual circumstances, such as the age of the convictions or the fact that the plaintiffs had been doing the same work for years without incident.

The lawsuit also claims Walmart treated Black applicants with criminal records differently than non-Black applicants with similar records, hiring some non-Black workers despite their criminal histories.

Walmart’s policy not ‘consistent with business necessity,’ plaintiffs say

The plaintiffs argue that Walmart’s policy was neither job-related nor consistent with business necessity, as required by Title VII of the Civil Rights Act of 1964.

They are seeking class certification for all Black applicants with criminal records who were denied employment at the Elwood distribution center due to Walmart’s policy.

The lawsuit seeks monetary damages, injunctive relief and declaratory relief for the plaintiffs and the proposed class.

The plaintiffs are asking the court to declare Walmart’s practices unlawful and to issue an injunction preventing the company from using similar background check policies in the future.

Earlier, Walmart has agreed to pay $10 million after being accused of allowing scammers to use its money transfer services to steal millions of dollars from consumers through fraud schemes.

What do you think of the allegations in this Walmart discrimination class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Kevin L. Herrera, Mark H. Birhanu, Jamitra Fulleord and Esmeralda Limon of Raise the Floor Alliance and Patrick Cowlin and Nieves Bolaños of Hawks Quindel S.C.

The Walmart discrimination class action lawsuit is Balentine, et al. v. Walmart Inc., Case No. 1:25-cv-07131, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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