Walmart Can’t Ditch Claims Background Checks Discriminate

January 23, 2023

A New Jersey federal judge deemed timely a proposed class action alleging Walmart unlawfully discriminates against applicants with criminal backgrounds through broad screenings that don’t consider evidence of rehabilitation, applying a six-year statute of limitations rather than the two-year limitation suggested by Walmart.

While Pennsylvania’s Criminal History Record Information Act, under which plaintiff Jacqueline Ramos filed her claim, does not contain a statute of limitations, U.S. District Judge Brian R. Martinotti found Thursday that it is the type of law that would use the Keystone State’s uniform, catch-all six-year statute of limitations.

Walmart had argued that the court should apply a two-year limitation period because the action more closely resembles an action sounding in tort.