LOS ANGELES — On Thursday, California took legal action against Ralphs supermarket chain, accusing it of breaching state law by inquiring about job applicants’ criminal records and wrongfully rejecting hundreds of candidates.
The California Civil Rights Department contends that Ralphs Grocery Co. “has ignored and continues to ignore” the Fair Chance Act, alleging that the supermarket screened out qualified applicants based on criminal histories unrelated to the job duties. The Fair Chance Act, implemented in 2018, aims to provide opportunities for ex-convicts to secure employment, thereby reducing the likelihood of reoffending.
Under the law, employers with five or more workers cannot inquire about applicants’ criminal histories before extending job offers and must follow specific procedures for rejection. Employers are prohibited from rescinding job offers if the conviction, even a misdemeanor, would not directly impact job responsibilities.
According to the lawsuit, Ralphs utilized a “confusing and misleading” application form that sought disclosure of criminal histories, contrary to the law. Candidates who had their job offers revoked were allegedly not given the opportunity to challenge the decision, as required by law.
The lawsuit argues, “The instructions provide detailed, superfluous instructions concerning how to report convictions, after telling applicants that they do not need to answer the question. Additionally, by suggesting specific convictions that should not be reported in California, the instructions necessarily suggest that other convictions should be reported.”
Between 2018 and 2022, over 70% of California applicants answered the criminal history question, despite the law’s prohibitions. The lawsuit cites cases where job offers were revoked based on single misdemeanor counts, such as excessive noise, and disqualifications for applicants with out-of-state convictions for simple cannabis possession.
Ralphs, with 185 stores in California and approximately 25,000 employees, faces the first lawsuit under the Fair Chance Act. The California Civil Rights Department has previously settled about 70 cases with other employers, including a $100,000 settlement last year involving a construction company accused of denying jobs to applicants. An immediate response to the lawsuit is awaited from Ralphs’ corporate owner, The Kroger Co.