Two major companies accused of discrimination

The Equal Employment Opportunity Commission has brought two separate lawsuits against two major companies, discount retailer Dollar General and car-maker BMW, accusing them of discriminating against African Americans in their hiring practices.

A release from the EEOC alleges that BMW screened African Americans out of jobs disproportionately, in a way that is not related to job preparedness. BMW has rejected job applicants with criminal records since 1994 and doesn’t take into account the length of time between a conviction and the job application.

The release also alleges that Dollar General withdrew a job offer to a woman with four years of cashier-stocker experience at a different discount retailer after discovering a six-year-old conviction for possession of a controlled substance.

The EEOC alleges these incidents violate Title VII of the Civil Rights Act, which prohibits discrimination against job seekers on the basis of race.

African Americans, statistically, are far more likely to have a criminal record, so BMW and Dollar General’s policies reduce the liklihood of their hiring an African American employee.

Representing just 13 percent of the population, African Americans account for 37 percent of those incarcerated in the United States. One in three black men will be incarcerated at some point in their lives. One in nine black men age 20-24 are behind bars, according to a 2008 Pew study. In total, an estimated 60 million Americans have criminal records.

Critics say they understand the importance of running a background check, but consider blanket screenings for any criminal activity in an applicants past unfair.

“It’s fine to look into the specifics of the person and the job, it’s the stereotyping that all persons with criminal records that is the problem,” said Michael Meltzner, a professor of law at Northeastern University who helped develop New York’s employment law regarding criminal background checks.

Seven states and some fifty cities have recently adopted laws “banning the box” — a reference to the box on many employment applications that asks about prior criminal convictions.

Suzanne Lucas, a former human resources executive, doesn’t think employers are intentionally excluding people on the basis of race.

“As a general rule, business owners are looking to make money,” she said, “What business owners are scared of is if that if I hire you with your criminal record and you do something that injures one of my customers or one of my other employees then I am liable.”

Both BMW and Dollar General have denied the allegations.