Class Action Alleges Marshalls Policy of Unpaid Security Checks ‘Disproportionately’ Affects Female Employees

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A 17-year Marshalls employee has filed a proposed class action lawsuit against the retailer over alleged gender discrimination and wage and hour abuses.

The California woman’s lawsuit centers on Marshalls alleged policy of conducting security checks any time an employee leaves a store with a purse, bag or container. Employees are not paid for time spent undergoing security checks, and the policy itself is discriminatory in that it “disproportionately affects” female employees who carry purses or bags with more frequency than male workers, according to the 15-page complaint.

“Class members regularly have to wait for [a manager or other authorized person] to conduct the security check,” the case says, noting such checks regularly take between 10 and 15 minutes to complete.

Marshalls employees are not permitted to leave the premises for a rest or meal break unless they clock out and undergo a security check, the lawsuit adds. 

“[The defendant’s] practice of conducting a security check on those employees carrying [a] purse, bags, or containers, disproportionately impacts [the defendant’s] female employees, and deprives them of pay and other employee rights, including rest breaks,” the lawsuit claims.