On April 18, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) – which enforces federal laws prohibiting employment discrimination – filed a lawsuit claiming criminal background checks by a convenience store chain allegedly “caused a discriminatory impact against Black, Native American, and other workers,” according to an EEOC press release.
The EEOC lawsuit claims the convenience store chain with over 600 locations in the U.S. “maintained a longstanding practice of screening all job applicants for records of criminal conviction and then denying them employment based on those records” and that its “hiring practices disproportionately screened out Black, Native American/Alaska Native, and multiracial applicants.”
The EEOC lawsuit claims such alleged conduct by the convenience store chain violates Title VII of the Civil Rights Act of 1964 (Title VII), which makes it unlawful for an employer to discriminate against someone because of Race, Color, Religion, Sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity), or National Origin.
“Federal law mandates that employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue,” EEOC Regional Attorney Debra M. Lawrence stated in the press release from the EEOC about the lawsuit.
“This highlights the significance of the observance of April as Second Chance Month, underscoring our nation’s commitment to reintegrating individuals with criminal records into society by ensuring they have fair access to employment and other essential services,” EEOC Philadelphia District Office Director Jamie R. Williamson stated in the press release.
On April 25, 2012, the EEOC issued “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act” to address Title VII’s application to the use of arrest or conviction records by employers in employment decisions. The EEOC also offers information about Race and Color Discrimination.
ClearStar is a global Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers criminal background checks at the federal, state, and county levels and also helps them comply with the EEOC guidance on criminal records. To learn more about ClearStar, please contact us.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), Form I-9, identity theft, privacy, social media screening, and workplace violence.
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