Tag: criminal history screening policy

Major Shipping Service Settles Class Action Over Alleged Ban on Criminal History April 3, 2023 In the U.S. District Court for the Northern District of Illinois, a major international shipping and delivery company has settled a class action lawsuit. This lawsuit challenged the company's pre-hire criminal background check policy. According to the plaintiffs, this policy disproportionately affected Hispanic and Black applicants. As a result, the company must pay $2.7 million, with each plaintiff receiving $15,000 of the settlement. The remaining will go to individuals affected by the allegedly discriminatory hiring policy. The named plaintiffs revealed how they applied for jobs as forklift drivers in the company's warehouse and received conditional offers. As expected, their employment depended on a background check for each applicant. However, the company withdrew the job offers after completing the background checks. The named plaintiffs alleged this happened because the defendant's criminal history screening policy automatically rejected applicants with specific offenses on their records. In addition, the company does not conduct an individual analysis of the applicant. It also does not consider whether the crimes relate to the job. The plaintiffs also alleged that due to Hispanic and Black individuals being subjected to arrest and conviction at disproportionately higher rates than white individuals, especially for drug-related offenses and some felony offenses, the shipping and delivery company's policy of refusing to employ applicants due to their criminal record has an unjustified and unlawful disparate impact. The complaint also states that the policy is unrelated to the job and is not a business necessity. Finally, the plaintiffs alleged that the defendant's criminal history screening policy and practice continue gross racial disparities in the criminal justice system. This continued disparity violates Title VII of the Civil Rights Act of 1964. According to one named plaintiff, he worked for the company as a forklift driver through a staffing agency. However, the same company denied his application for another forklift job because of his criminal history. The company denied any liability as part of the release. However, they have agreed to have an industrial organizational psychologist review their policies. As a result, many companies have begun reconsidering their hiring policies concerning criminal histories. This choice is mainly to obtain more potential employees. Furthermore, many states now have "ban-the-box" laws. These laws prohibit employers from asking applicants about their criminal history in the early hiring process. This case shows how important it is for companies to comply with all applicable laws and regulations. Compliance is especially crucial when completing the background screening process. As such, the best way to ensure compliance with these laws is to partner with a trustworthy background check company. Background checks are made easy with Pre-employ. Ask any questions you may have and learn more by contacting a sales rep today. Source

Tag: criminal history screening policy

Major Shipping Service Settles Class Action Over Alleged Ban on Criminal History

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