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| Retail & PCI-DSS
June 28 2018

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

A recent settlement by Target reinforces the importance of employers to be vigilant with all applicable laws pertaining to criminal record screening policies.

Plaintiffs in the case allege that Target's criminal-record-screening policies had a disparate impact on African-American and Latino job applicants for store positions. The claim centered on the standards for assessing ex-offender job applicants as eligible or ineligible for employment. Over a period of several years, the parties negotiated a pre-litigation class-wide settlement that must be approved by a federal court.

In early April, a settlement submitted by the plaintiff's attorneys would require programmatic relief in addition to a monetary payment.