BG Secures $1.5M Settlement, Policy Change in Des Moines Employment Discrimination Case

In a significant win for fair employment practices, the Iowa District Court has granted final approval of a $1.5 million class action settlement on behalf of African American job applicants who were denied employment at Des Moines Public Schools due to its flawed criminal background check practice.

Bailey Glasser attorney Thomas Bullock, partnered with attorneys from Newkirk Zwagerman PLC and Nichols Kaster PLLP to represent Plaintiff Vernon “Keith” Robinson and a class of 87 African American applicants who were excluded from employment at Iowa’s largest school district because of a criminal background check practice that excluded applicants from employment without giving any consideration to the individual’s rehabilitation. The lawsuit, filed in 2016, alleged that this policy discriminated against African Americans by disproportionately excluding them from employment without any legitimate job-related justification.

As a result of the case, Des Moines Public Schools agreed to reform its hiring practices so that candidates will have their rehabilitation considered as part of the background check process. The district also agreed to compensate those applicants who had been wrongfully excluded from employment with a payment of more than $3000 per class member. Prior to this settlement, the most prominent case to similarly challenge criminal background check practices was against the US Census Bureau and resulted in only about $15 worth of relief going to each class member.

The changes to the district’s background check policy will allow well-qualified candidates who have learned from their past mistakes to positively contribute to the lives of the District’s student body. Superintendent Ian Roberts stated that this change could help create a more diverse workforce that better reflects the community and the students the district serves.

“This case shows the power of persistence and the importance of challenging systemic barriers to employment. We’re proud to have secured both meaningful compensation for our clients and long-term policy change. We hope that this win reminds other employers of the importance of conducting criminal background checks in the right way,” said Thomas Bullock.

Read more about the case:

• KCCI: Des Moines Public Schools changes policy on job candidates with criminal records
• KCCI: Des Moines Public Schools settles class action lawsuit over hiring practices