Walmart Accused of Discriminating Against Black Workers

Case Overview: A class action lawsuit alleges Walmart discriminated against Black workers with criminal records in its hiring practices at an Illinois distribution center, unfairly blocking rehires and favoring non-Black applicants.

Consumers Affected: African American applicants with criminal records formerly employed by Schneider Logistics who were denied employment at the Walmart Distribution Center due to alleged discriminatory screening policies.

Court: United States District Court for the Northern District of Illinois, Eastern Division

Walmart is facing a proposed class action lawsuit accusing the company of racial discrimination in its hiring practices at an Illinois distribution center. The lawsuit claims the retail giant rejected or revoked job offers for dozens of qualified Black workers with criminal records, even though many had already performed those same roles for years, while retaining non-Black workers with similar histories.

The two lead plaintiffs, Mark Balentine and Laseant Sardin, are Black men who worked at Walmart’s Elwood, Illinois, distribution hub through a third-party contractor, Schneider Logistics. 

In 2019, when Walmart took direct control of the facility and asked all 600 Schneider employees to reapply for their roles, Balentine and Sardin were offered jobs, only to have those offers rescinded following criminal background checks. Both had accepted their roles, passed interviews, and disclosed prior convictions from over a decade earlier, the lawsuit states.

Lawsuit Details Disparate Treatment and Impact

Balentine had spent nearly three years inspecting outgoing goods at the center, while Sardin had worked there for more than two years in loading and shipping roles. According to the lawsuit, neither had any significant disciplinary issues while working under Schneider. 

But when Walmart ran its own vetting process during the transition, their prior convictions flagged them for rejection. 

The background checks, conducted by a third-party firm, reportedly lacked any meaningful case-by-case evaluation. The lawsuit alleges Walmart applied a rigid, overly broad screening policy, automatically disqualifying applicants with criminal histories regardless of the severity or recency of their offenses, even though the workers had already proven capable in the exact same jobs.

Baletine argues this blanket policy disproportionately impacted Black applicants, who are statistically more likely to have criminal records due to racial disparities in the U.S. criminal justice system. In Will County, where the facility is located, Black residents make up just 13% of the population but over half the jail population.

Walmart's Background Check Policy Faces Scrutiny

The lawsuit also accuses Walmart of treating Black applicants differently from their non-Black peers. According to the complaint, some Schneider workers with similar criminal histories—but who were not Black—were hired by Walmart and continued working after the company’s takeover.

Beyond the specific case in Elwood, the lawsuit calls out Walmart’s centralized hiring decisions, alleging that individual managers had no say in reconsidering a worker’s history or their proven job performance. Around 50 qualified Black workers from the Schneider workforce were reportedly denied employment during the transition because of this screening policy.

Other Companies Face Discrimination Allegations

This isn't the first time Walmart’s hiring practices have come under legal fire. In 2020, the company paid $20 million to settle a federal lawsuit alleging a physical ability test used for warehouse roles disproportionately excluded women. 

In 2024, it paid $75,000 to resolve a disability discrimination case involving an employee denied medical leave at a North Carolina distribution center.

The retail giant joins other corporations now facing lawsuits over hiring discrimination. Semiconductor company TSMC is battling a class action from U.S. workers alleging anti-American bias in hiring at its Arizona fab. Aerospace firm RTX is being sued for allegedly discriminating against older applicants, and CVS is facing legal claims over mass layoffs without proper notice.

The former workers want to represent all African American applicants with criminal records formerly employed by Schneider Logistics and denied employment at the Walmart Distribution Center due to Walmart’s criminal record screening policy and practices, and those who were denied employment due to disparate treatment through Walmart’s criminal record screening policy and practices due to their race. 

They are suing for violations of Title VII of the Civil Rights Act of 1964 and seeking injunctive relief, reinstatement or front pay benefits, backpay, damages, fees, costs, and interest.

Case Details

• Lawsuit: Balentine, et al. v. Walmart, Inc.
• Case Number: 1:25-cv-07131
• Court: United States District Court for the Northern District of Illinois, Eastern Division 

Plaintiffs' Attorneys

• Kevin L. Herrera, Mark H. Birhanu, Jamitra Fulleord, and Esmeralda Limon (Raise the Floor Alliance – Legal Dept.)

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