On April 30, 2010, Outten & Golden filed a class action lawsuit against Driver Solutions, a company that provides training and placement for over-the-road truck drivers, alleging that Driver Solutions discriminates against African-American and Latino job applicants by illegally using criminal history reports in making hiring decisions. The charge alleges that, by rejecting applicants for employment based on their criminal record, Driver Solutions violated Title VII of the Civil Rights Act of 1964 and engaged in a policy or pattern and practice of discrimination against African-American job applicants. A corporate policy that bans hiring formerly incarcerated individuals has a disparate impact on African Americans and Hispanics because a disproportionate number of ex-offenders are racial minorities. An employer may not use hiring criteria that have a disparate impact on racial minorities unless it can show that those criteria are “job related” and “consistent with business necessity.” Outten & Golden is co-counsel in this matter with Community Legal Services, Inc.
Please contact Justin M. Swartz for more information or to discuss similar matters.
(*Prior results do not guarantee a similar outcome.)