Changing contractor and re-screening workers: BMW settlement

Reported facts

After a logistics-contractor change, existing workers re-applied and underwent criminal screening. EEOC alleged the blanket exclusions disproportionately affected Black workers, without regard to record age or offence level.

Published outcome

The federal court entered a $1.6 million settlement decree, with employment opportunities, training and monitoring. The employer had changed its guidelines.

Limits when comparing your own situation

The settlement did not prohibit every criminal check. Contractor changes, job requirements and the impact of a policy need separate assessment.

Questions to prepare for your own situation

• Does the employer or contract change, or only the service provider?
• What screening rule and explanation were supplied?
• Can I identify my service dates and re-application records?

These preparation questions are our editorial guidance, not findings in the original case.