Outten & Golden LLP is representing Mr. Kelvin Nash in a charge of discrimination against Sephora USA, LLC. Mr. Nash, a 41-year-old African American man from Memphis, Tennessee, alleges that Sephora revoked his job offer due to his past criminal record, which he believes violates Title VII of the Civil Rights Act of 1964.
Mr. Nash applied for a full-time forklift operator position at the Sephora distribution center in Olive Branch, Mississippi in November 2022. Despite having significant relevant experience, including sixteen years operating forklifts in warehouses, his offer of employment was rescinded after a background check revealed a decade-old criminal charge.
According to Mr. Nash’s charge, he proactively disclosed the criminal charge during his interview, and was reassured that it wouldn’t pose an issue. However, after two weeks of successful work, Sephora revoked his offer due to the results of his criminal background check.
Mr. Nash’s sole criminal conviction, from approximately ten years ago, has no relation to his job as a forklift operator. He maintains that his criminal history is unrelated to his ability to perform the job he was offered and that Sephora’s blanket policy of not hiring individuals with felony records is not only discriminatory but also fails to consider the nature of the offense or the time that has passed since the conviction.
The charge alleges that Sephora’s background check policies, which allegedly prohibit hiring applicants with past felony convictions, disproportionately impact African American and Latino/a applicants and employees, thus constituting race, color, and national origin discrimination. The claim seeks investigation into Sephora’s practices on a class-wide basis.
Mr. Nash seeks back pay, front pay, lost benefits, compensatory and punitive damages, nominal damages, reasonable attorneys’ fees and costs, injunctive relief, including reinstatement, and other appropriate relief.
Outten & Golden LLP are dedicated to ensuring that Sephora and other employers uphold the rights of their employees and potential employees. We will continue to fight against discriminatory practices, and ensure that every individual is treated fairly and justly in their place of work.