California lawsuit says Ralphs broke the law by asking job-seekers about their criminal histories

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Unlocking Word Meanings

Read the following words/expressions found in today’s article.

  1. contend / kənˈtɛnd / (v.) – to strongly argue or say something firmly and with certainty
    Example:

    The lawyer contends that his client did not do anything illegal.


  2. ex-convict / ɛks ˈkɒn vɪkt / (n.) – someone who previously went to prison because of doing something illegal
    Example:

    After his time in prison, the ex-convict decided to make positive changes and become a good citizen.


  3. reoffend / ˈriːəˌfɛnd / (v.) – to commit a crime again after being arrested for another crime in the past
    Example:

    Ex-prisoners have fewer chances to reoffend if they are given employment opportunities.


  4. rescind / rɪˈsɪnd / (v.) – to officially cancel or end a law, agreement, or decision
    Example:

    Joe decided to rescind his job application and start his own business instead.


  5. discriminatory / dɪˈskrɪm ə nəˌtɔr i / (adj.) – showing unfair treatment or prejudice towards certain people or groups based on reasons, such as race, gender, religion, or other characteristics
    Example:

    The company was accused of engaging in discriminatory practices during the hiring process.


Article

Read the text below.

California sued the Ralphs supermarket chain on December 21, alleging that it violated state law by asking job-seekers whether they had criminal records and illegally rejecting hundreds of applicants.


The California Civil Rights Department contends that Ralphs Grocery Co. “has ignored and continues to ignore” the Fair Chance Act “by screening out otherwise qualified applicants on the basis of criminal histories that do not have any adverse relationship with the duties of the job for which they were applying,” according to a departmental press statement.


The law, which took effect in 2018, was designed to reduce the chance of ex-convicts reoffending by giving them opportunities to earn a living.


In general, employers with five or more workers can’t ask applicants about their criminal histories before making job offers and must follow specific procedures for rejecting them. The law says employers can’t rescind a job offer if the applicant’s conviction, which could be for a misdemeanor, wouldn’t directly affect job responsibilities.


Instead, Ralphs job-seekers were given what the suit calls a “confusing and misleading” application form that included questions seeking disclosure of their criminal histories. Most candidates who had their job offers rescinded weren’t given any way to contact Ralphs to challenge the decision as the law requires, the statement said.


Some candidates “lost their job offers based on convictions for a single misdemeanor count of excessive noise. Other applicants who had convictions from other states for simple cannabis possession were also disqualified,” the department’s statement said.


“When roughly 70 million Americans have some sort of record, policies like those employed by Ralphs aren’t just discriminatory and against California law, they don’t make sense,” the department’s director, Kevin Kish, said in the statement. “Ralphs has continued to unlawfully deny jobs to qualified candidates and that’s why we’re taking them to court.”


An email seeking comment from Ralphs’ corporate owner, The Kroger Co., wasn’t immediately returned.


Ralphs has 185 stores in California with about 25,000 employees, according to the lawsuit.


This article was provided by The Associated Press.


Viewpoint Discussion

Enjoy a discussion with your tutor.

Discussion A

  • Do you believe that employers should be allowed to ask job applicants about their criminal histories before making a job offer? Why or why not? Discuss.
  • What do you think are other pieces of information that employers should not be allowed to ask applicants during the hiring process (ex. age, medical history)? Why? Discuss.

Discussion B

  • In your opinion, is it fair for employers to rescind job offers based on an applicant’s criminal history? Why or why not? When is it okay to rescind a job offer (ex. if the applicant provided false information, it is not okay at all)? Discuss.
  • According to the California Civil Rights Department, Ralphs Grocery Co. ignores and continues to ignore the Fair Chance Act. Why do you think Ralphs Grocery Co. does so (ex. Ralphs wants to protect its working environment, asking about criminal history makes it easier to eliminate applicants)? Discuss.