Ralphs Grocery sued by California for allegedly revoking job offers from ex-convicts

By CNN Newsource

Published December 21, 2023 2:03 PM

By Samantha Delouya, CNN

Los Angeles (CNN) — The state of California has sued Ralphs Grocery for allegedly rescinding job offers from hundreds of job applicants with a criminal history, accusing the company of violating state law.

California’s Civil Rights Department alleges that Ralphs violated a 2018 law that bans most employers from asking job candidates about their criminal histories before making them an offer.

The department accuses Ralphs of canceling hundreds of offers due to applicants’ prior convictions, including for a single misdemeanor count like excessive noise or cannabis possession, according to the lawsuit filed in state court Thursday. The suit is the first of its kind in California, according to the department.

Neither Ralphs nor its parent company Kroger immediately responded to CNN’s request for comment.

“We can’t expect people to magically gain the economic and housing stability needed to reintegrate into their communities and stay out of the criminal legal system without a fair chance at steady employment,” CRD director Kevin Kish said in a statement, “particularly when the job has nothing to do with a past offense.”

California’s Fair Chance law states employers must first extend a conditional job offer before making a criminal background check—and the offer can be revoked only if the conviction has a direct relationship to the job responsibilities.

The lawsuit alleges that Ralphs not only disqualified candidates based on unrelated convictions, but that the company also failed to provide adequate notice as required by the law. “Applicants would not know they were in danger of losing a job they had been offered, or in some cases, a job they had already started,” the lawsuit said.

The state did not specify financial details, but it is seeking compensatory damages for affected applicants, punitive damages and an injunction.

The suit comes after California attempted several mediation sessions with Ralphs after the state received an initial complaint alleging discriminatory practices in 2020, which sparked an investigation that Ralphs was made aware of in 2021.