Fired Black Workers Sue Walmart Over Criminal Background Checks

A class action lawsuit was filed Thursday against Walmart for firing Black workers with criminal records.  The suit follows years of accusations by progressive organizations claiming that Walmart has “shown a pattern of firing qualified Black workers” because of past involvement with the legal system – a practice they say perpetuates “racial and economic inequality”.

Former workers, attorneys and advocates gathered in Federal Plaza in downtown Chicago to announce the suit and argue their rationale:

“Having a record does not define you or your character,” said Marcos Ceniceros, with Warehouse Workers for Justice. “It should not determine your worth, and it certainly shouldn’t be used as an excuse to fire Black workers trying to build a better life.”

The argument assumes, of course, that Walmart has limited its firings to only black workers with criminal records.  Plaintiffs would have to show evidence that the company does not fire white workers with similar records, or that they have a blanket ban on those with criminal histories (federal law does not allow for blanket bans on hiring convicted criminals).

The criminal background issue also comes down to supply and demand – In a tightening labor market companies are less likely to overlook an employee with a record because they have plenty of applicants with clean histories.  In a choice between a criminal and non-criminal, it’s obvious who most employers would hire.  Ultimately, corporations have legal discretion to hire or not hire workers with detrimental backgrounds as long as they review all aspects of each application.

The race debate when it comes to practical business decisions is reminiscent of the ongoing conflict over “food deserts” in cities like Chicago in predominantly black neighborhoods.  Residents and city officials assert that mass retail closures in these neighborhoods constitute an attack on racial equality, but they continually ignore the key problem – High crime and high rates of theft in black areas.  

Actions have consequences, but race hustlers are trying to circumvent this reality.  Some people who have committed crimes and paid their debt to society might deserve a second chance.  Others might not.  Race has little to do with it, and it’s not up to business owners to take the risk simply because a worker is a minority.  

By extension, if a certain demographic is far more statistically prone to commit crimes, then businesses must take this into account.  They might not be able to legally admit it, but they can’t pretend the dynamic doesn’t exist.  The loss of access to employment and to close retail options is in the hands of the community and its residents.  They determine if companies stay or leave.  They determine if they are hired or fired.  

Accountability cannot be avoided forever under the guise of “equity”.