Class Action Alleges Walmart Has Unlawfully Denied Employment Based on Criminal History

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Walmart Inc. faces a proposed class action over its alleged practice of denying employment based on criminal convictions without assessing an individual’s suitability to perform the job for which they applied.

The 17-page lawsuit alleges Walmart’s “overbroad” screening policy for applicants with criminal records is unlawful under Pennsylvania’s Criminal History Record Information Act (CHRIA), which allows an employer to consider an job applicant’s criminal convictions “only to the extent to which they relate to the applicant’s suitability for employment in the position for which he [or she] has applied.”

Per the case, Walmart has instead denied employment to otherwise qualified individuals based on their criminal histories without performing an individualized analysis of mitigating circumstances or evidence of rehabilitation.

“Walmart has not put into place valid systems to accurately assess evidence of rehabilitation and mitigation, especially as to work history and time since last convictions, which social science establishes are some of the best markers of rehabilitation,” the complaint claims.

According to the suit, Walmart’s decision-making with regard to whether an applicant’s criminal history disqualifies them for a particular position is limited to a central group of individuals at the retail giant’s headquarters. The case says an applicant’s prospective supervisor or interviewers “have no input whatsoever” as to whether the individual is suited for a particular position, and the retailer “lacks sufficient processes” to analyze self-reported evidence of rehabilitation or mitigating circumstances submitted by applicants, the lawsuit argues.

According to the case, simply having a conviction “is not an accurate proxy” for determining whether an individual would be able to perform a particular job. Moreover, Walmart’s practice of hiring individuals and allowing them to start work before processing their background check evidences that the retailer does not view its criminal history screening process as necessary to protect its workforce and customers, the lawsuit says.

The plaintiff in the case claims to have been offered an entry-level job at a Pennsylvania Walmart in April 2020. Though the man had been told his background check had cleared and he could start working, the plaintiff nevertheless received a call on May 12 from a Walmart human resources employee who informed him that he was ineligible to be hired because of his criminal history, the complaint relays. Per the suit, Walmart denied the plaintiff employment despite the fact that 16 years had passed since his most recent conviction and without considering his more than 13 subsequent years of job experience as a productive member of society.

“[The plaintiff’s] criminal history was not relevant to the entry-level stocking position for which he applied for reasons including the nature of the convictions, the age of the convictions, his employment history, and the years [the plaintiff] has spent contributing positively to the community without any further convictions,” the complaint reads.

The lawsuit looks to represent anyone who applied for employment with Walmart in Pennsylvania during the applicable statute of limitations period through the date of final judgment and was denied employment based in whole or in part on their criminal history.

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