NAACP Settlement: Target Will Change Background Check Policy

MINNEAPOLIS, MN — The NAACP has reached a settlement with Target Corporation to resolve allegations that its criminal background check policy — which the civil rights group called "overly broad and outdated" — discriminated against African-American and Latino applicants.

Plaintiffs alleged that Target's policy violated Title VII of the Civil Rights Act of 1964, which prohibits employment practices that have an unjustified disparate impact on the basis of race and national origin.

Among the people represented in the lawsuit was Erving Smith, who received conditional employment offers from Target after interviews. The offers were later revoked when the company's screening process found that he had two decade-old misdemeanor convictions and a decade-old drug-related felony, according to the NAACP.

"I faced many challenges because of a conviction in my early twenties," Smith said in a statement. "But with perseverance, a great support system, and the opportunity to obtain a living wage, I have become a successful tax-paying member of society. Everyone deserves a second chance and I am happy that Target has agreed to offer qualified individuals jobs."

Target will pay more than $3.7 million in the settlement and agreed to change its hiring process.

"More than 10 years ago, like many major employers, Target began conducting regular criminal background checks as part of our hiring process to help ensure our stores were safe places to work and shop," the Minneapolis-based retailer said in a statement.

"As a result, there were claims that the approach may have unintentionally disqualified certain applicants, and that some applicants were disqualified because of convictions that weren’t related to the position for which they applied."

"Since then, we’ve revised our hiring practices, removing the criminal history question from our employment application nationwide. Now, we gather criminal background information in the final stages of the hiring process."

Target said this process ensures individuals are considered for employment based on their qualifications, interview and availability.

Photo: Customers leave Target August 14, 2003 in Springfield, Virgina. Target Corp. reported a four percent increase in second-quarter profits. (Photo by Alex Wong/Getty Images)