Filed Date: June 26, 2025
Case Ongoing
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This case is a 1964 Civil Rights Act challenge to Walmart, Inc. 's policy and/or pattern or practice of denying employment to individuals with criminal records due to allegations that the policy had a disparate impact on African Americans
On June 26, 2025, two African-American former logistics workers with criminal histories, both of whom were employed at a Walmart distribution center in Elwood, Illinois and fired following a criminal record screening, filed this complaint in the U.S. District Court for the Northern District of Illinois Eastern Division. They requested class certification of the case as a class action on behalf of all other similarly situated laborers, known and unknown. The plaintiffs sued Walmart, Inc., (“Walmart”) under Title VII of the Civil Rights Act of 1964. Represented by Raise the Floor Alliance, plaintiffs claimed that Walmart’s policy and/or pattern and practice of denying employment to individuals with criminal records ― including Schneider (third-party employer) employees who had job offers revoked due to alleged omissions or errors in self-disclosures of their criminal histories ― had a disparate impact on African American workers and was neither job related nor consistent with business necessity. Plaintiffs alleged that this policy caused them losses in earnings and other employment benefits. Plaintiffs sought monetary damages, injunctive relief, declaratory relief, employment as Walmart employees at Walmart Distribution Center #7078 in Elwood, Illinois, backpay and costs. The case was assigned to District Court Judge Thomas M. Durkin.
On August 13th and 26th, both a motion for extension of time to answer the complaint and an order granting an extension of time were filed by the defendants and the court respectively.
As of October 15, 2025, the case is still ongoing.
Summary Authors
Johnathan Johnson (10/15/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70640843/parties/balentine-v-walmart-inc/
Durkin, Thomas Michael (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/70640843/balentine-v-walmart-inc/
Last updated Nov. 25, 2025, 3:39 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: June 26, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiffs are two African-American former logistics workers at Walmart who were denied employment because of their criminal record and all other similarly situated laborers, known and unknown.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Walmart, Inc., Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Other Dockets:
Northern District of Illinois 1:25-cv-07131
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
Discrimination Area:
Discharge / Constructive Discharge / Layoff
Discrimination Basis:
Affected Race(s):