NEWARK, N.J. — A federal judge has ruled that a class action discrimination lawsuit against Walmart can continue moving forward with new lead plaintiffs representing the proposed nationwide case.
The lawsuit accuses Walmart of using criminal background checks in a way that disproportionately harmed Black and Latino job applicants.
The case was originally filed by Jacqueline Ramos and Edwin Johnson, who both claimed Walmart offered them jobs before later rescinding those offers after conducting criminal background screenings.
According to the lawsuit, the plaintiffs argue Walmart’s hiring policies unfairly screened out minority applicants in violation of federal civil rights law.
The case seeks to represent a nationwide class of applicants who were allegedly denied jobs because of Walmart’s background check practices.
As the lawsuit progressed, the original plaintiffs asked the court to replace them with new lead plaintiffs, John Nole and Rahshan Paige. Walmart objected and argued the substitutions should not be allowed.
A retired federal judge appointed as a special master reviewed the dispute and recommended approving the new plaintiffs and allowing the lawsuit to continue.
Now, U.S. District Judge Brian Martinotti has adopted those recommendations and rejected objections filed by both sides.
The ruling allows the plaintiffs to file a revised complaint and continue pursuing the proposed class action.
The lawsuit has already involved major discovery fights between the parties.
Earlier in the case, Walmart attempted to obtain records from several companies where the original plaintiffs had either worked previously or later applied for jobs. Walmart sought employment applications, background checks, disciplinary records, performance evaluations, and termination records.
The plaintiffs fought back and asked the court to block those subpoenas, arguing the requests were overly broad and invasive.
In a previous ruling, the court sided with the plaintiffs and blocked the subpoenas, finding Walmart’s requests for employment records went too far.
The newest ruling does not determine whether Walmart actually discriminated against applicants. Instead, it keeps the lawsuit alive and allows the plaintiffs to continue trying to certify the case as a nationwide class action.
Questions about how large the proposed class may ultimately become will be decided later in the litigation.