Sheetz facing racial discrimination lawsuit for considering criminal history in hiring

For those of you unfamiliar with Sheetz, it's a popular convenience store/gas station chain with over 700 locations across 6 states. As a Pennsylvanian, I can tell you Sheetz is awesome. Sheetz is facing a racial discrimination lawsuit from the Equal Employment Opportunity Commission (EEOC) in relation to its hiring practices. Ironically, the lawsuit itself clarifies that Sheetz wasn't motivated by race when making hiring decisions. Why then are they facing a racial discrimination lawsuit, you ask?
The racial discrimination lawsuit was filed because Sheetz takes into consideration the criminal history of applicants when deciding who to hire, which is the same thing just about every company does. Common sense says someone with a list of serious criminal convictions will have a harder time getting a job anywhere they go.
The EEOC is claiming that by deciding not to hire applicants because of their criminal histories, Sheetz is causing unfair racial discrimination against minorities.

Sheetz Inc., which operates more than 700 stores in six states, discriminated against Black, Native American and multiracial job seekers by automatically weeding out applicants whom the company deemed to have failed a criminal background check

Federal officials said they do not allege Sheetz was motivated by racial animus, but take issue with the way the chain uses criminal background checks to screen job seekers.

It gets even more ridiculous though:

The EEOC . . . is seeking to force Sheetz to offer jobs to applicants who were unlawfully denied employment and to provide back pay, retroactive seniority and other benefits.

AP Source
EEOC Source

If this lawsuit somehow succeeds, if someone wasn't hired by Sheetz because their background check showed they either lied about their criminal history or had multiple convictions for armed robbery, burglary and rape, guess what? Sheetz not only has to hire them, but give them back pay for the entire time they would have otherwise worked there, and then give them seniority over other employees.

To be fair though, to what extent should it be appropriate to base hiring decisions on an applicant's criminal history? Obviously someone who has a history of sexual crimes against children shouldn't be hired to run a daycare; on the other hand, imagine if someone had gotten arrested once as a teenager for stealing a candy bar. Should this bar them for life from being hired in any meaningful job? There is clearly some kind of line. The problem is there isn't an easy way to "regulate" that line, so it's ultimately up to each individual company to decide who to hire. Would it be easier to enact some kind of legislation where anyone who has "done their time" (with the exception of sexual predators or repeat offenders) does not have to include criminal history on job applications? If someone is legally free without restriction, should they be barred from employment?

Welcome to our future where stupidity has no bounds.

Companies should be able to hire who they like. It seems to be ok for black people or Asians (as in Indians, Pakistanis or Arabs) to hire only their own. There is no way a white (woman) will be employed in a family business ever.

As long as it's two different laws, we can't have a serious discussion.

As for criminal records, there is no 'one fits all'. It depends entirely on the crime committed. I wouldn't want someone of any colour who was in jail for fraud to work with money.

Someone who committed gbh and hasn't successfully passed an anger management course in public services etc
If someone stole chocolate as a teen but has relevant skills or shows enthusiasm , they will be hired, I assure you. Most employers do have more than two brain cells.

It boils down to: don't do crimes, work hard and be trustworthy and you won't need to worry at all...regardless of your skin hue.

So without employees that work with the general public being criminally screened, the general public could be in danger and that's A-OK ?? 😃

a reply to: trollz

While I do not think your past should hold you back from improving your life, all actions have consequences.

If you have a history of theft, I am not hiring you for cashier. That doesn't mean I won't hire you, just not with my money in the mix. I may need a custodian or stock/warehouse work.

I am not discriminating against you, I am watching out for my business.

And remember, I did not go into business to employ you. I went into business to provide for my family.

And hell, everyone makes mistakes. You work for me, are reliable and earn my trust, I will promote you to that position you want.

When I started my career at 16, I was not FOH engineer, I swept the stage. That was it. Literally.

I worked very hard to learn all I could to get the position I wanted. It took years.

But I learned from the lowest position (which pays the same as a hand who is just doing the in and not a skilled position). On up to today, where I am the TD/SM/PM for a 650 seat theater, and a 100 seat dance studio.

I actually just sent a lengthy email to a student. He is a sophomore kid who wants to be a light designer.

He has a very good eye, is creative, and understands programming the desk. What I was trying to impress on him was theory. Understanding not only how the lights will set the stage, but how they operate. The physics and the theory of electricity and light waves.

Learning the fact the being able to MacGyver things in real time, will set him apart from the others out there.

Learning how to remain calm and think things through logically to fix the problem and to keep on moving forward.

Surprisingly, most time us techs make a mistake, we beat ourselves up for it while you in the audience didn't even know there was a problem.

I work with a lot of hands that have a record. (We really are the toys on the Isle of Misfit Toys)

Most come in trying to make an impression and, in their head, make amends by working hard and proving they aren't their mistake.

I love having them on my crew, bc they bust their butt.

The ones that don't care, usually don't get called back for the next one. Not because of their criminal history, but because I want people who are trying to be the best person they can be.

You can see who will violate or commit another offense most times, just by their work ethic.

And I need workers, not paycheck chasers.

When you have 10 or 15 semis rolling in and you have 5 hours to dump them all and get the stage built, you need your hands working, not watching others...

The biggest thing I had to learn was how to pad my crew efficiently. Learning my labor pool. Who is good. Who has the passion to be good but needs training. Who has a history of calling in. Who can take a crew for their department and run them smoothly. Who isn't a leader who people hate working with.

So I will consider what position I give you based on your record, but I will not just write you off bc of it.

That mistake you made may have hurt your short term life, but if it was truly a mistake, you will prove your worth just by your work ethic.

And it won't effect your long term goals.

With me, at least.

a reply to: trollz

This helps no one. Nobody wants to work with a violent criminal bottom line. The public or consumers dont want to be exposed to people who have zero impulse control and at snap of finger can turn violent or crazy whatever. Thankfully these people usually aren't the ones seeking jobs for obvious reasons they don't fit in with society.

I mean we had a stalker at my old job and I dont talk about it because of wtf factor of everything but like...he didn't lie about his previous record, got the job and then proceeded to be crazy as sack full of rabid raccoons inside a sack full of cats. So it isn't always people with a record who are off their rockers or psychopaths.

How is it racist though you tell me because white people do a lot of crimes too. Seems like they should say its discriminatory against criminals instead of racist. Based on what I see in my opinion.

Can they file a counter suit, based on racism?

Because it sure seems like they are assuming minorities aren't getting the jobs, because they have criminal records.

How do they know a white person didn't get a job there, due to criminal history?

I'm about at my limit, with todays society

Becoming a hermit is looking mighty fine.

The term racist shouldn't even be used as applied to discrimination based on a person's criminal record. Sheetz's are all over the place & most of PA is rural. "IF" Sheetz doesn't hire ex-cons, plenty of the employment denials would have been white applicants.

Shoshanna said it best.

This helps no one. Nobody wants to work with a violent criminal bottom line. The public or consumers dont want to be exposed to people who have zero impulse control and at snap of finger can turn violent or crazy whatever. Thankfully these people usually aren't the ones seeking jobs for obvious reasons they don't fit in with society.

I’m actually with those who filed the suit on this one. Not on the “racial grounds” but out of principle. If someone commits a crime and fully serves their sentence then in the eyes of society their debt is paid in full. Past mistakes should not haunt someone their entire life*.

*barring extreme examples like pedos trying to get jobs at schools and stuff like that, obviously.

Seems that by pursuing this, the EEOC is basically stating that minorites are prone to commit crime, no?

a reply to: Ohanka

So, pretend you are an employer.
Are you OK with an convicted thief/embezzler running your cash register, or doing your payroll?

originally posted by: Ohanka
I’m actually with those who filed the suit on this one. Not on the “racial grounds” but out of principle. If someone commits a crime and fully serves their sentence then in the eyes of society their debt is paid in full. Past mistakes should not haunt someone their entire life*.

*barring extreme examples like pedos trying to get jobs at schools and stuff like that, obviously.

I think I agree with you. That's supposed to be the principles of law. You served your sentence. It shouldnt be a blunt object the state and society can use to beat you down for the rest of your life. If an ex criminal cant get honest work, they will just go back to being criminals.