For Immediate Release

Lawsuit Challenges Unfair Background Check System in the Oil Refinery Industry that Denies Second Chance Employment Opportunities and Perpetuates Structural Racism

Los Angeles, CA (August 12, 2024) – Several prominent oil refinery businesses are violating California’s Fair Chance Act by categorically excluding people with certain convictions from employment, according to a lawsuit filed in Los Angeles Superior Court by the nonprofit organizations Legal Aid at Work and Root & Rebound. 

The lawsuit alleges that these companies are part of consortiums that use self-generated, rigid classification systems based solely on applicants’ conviction history to deny otherwise qualified individuals, impeding the ability to rebuild their lives after conviction and incarceration. It also alleges that this practice disproportionately impacts communities of color, in violation of California’s Fair Employment and Housing Act (“FEHA”). 

The suit claims that, rather than conducting an individualized assessment to determine whether an applicant’s unique qualifications and history make them suitable for the job, as required by law, these companies instead use a shared 1-to-7 rating system based on conviction history alone, with higher numbers signifying “more serious” convictions. They then categorically bar applicants with a “score” of at least 5 from obtaining any jobs with those who are a part of the consortium. 

This is particularly alarming because oil refinery employers and owners all over the country are joining this consortium, or similar ones, at increasing rates. As a result, people with highly specialized training for oil refinery work are almost completely excluded from the industry they were specially trained to work in despite having obtained credentials from the Department of Homeland Security in the form of a “TWIC” card after a rigorous assessment of the applicant to access and work in ports, oil refineries, and other secure facilities. 

The Fair Chance Act was enacted to ensure that individuals who have served their sentences have protections under the law to aid them in rebuilding their lives and earning a living post-conviction and/or incarceration. The lawsuit alleges that the defendants’ practices systematically deny this opportunity to thousands of Californians, with a disproportionate impact on communities of color. 

“This case is about more than just compliance with the law—it’s about fairness, redemption, and the kind of society we want to build,” said Sabina Crocette, a Senior Staff Attorney with Legal Aid at Work, and one of the attorneys representing the Plaintiff. “When we deny people second chances, we’re not just hurting individuals; we’re weakening our communities and ignoring the potential contributions of our neighbors.”

Joshua Kim, the National Director of Litigation for Economic Opportunity from Root & Rebound who is one of the attorneys representing the Plaintiff, stated, “Defendants reduce a job applicant to a number based solely on her past conviction. This crude scoring system may give Defendants a sense of security but is too simplistic to be a reasonable predictor of the applicant’s behavior at work. Blindly acting on prejudice may feel good, but history teaches us that it leads to harmful consequences for us all.”

The lawsuit seeks to change the defendants’ practices that have far-reaching consequences for applicants and existing employees with conviction histories. As the California Legislature noted when it passed the Fair Chance Act, “[r]oughly seven million Californians, or nearly one in three adults, have an arrest or conviction record that can significantly undermine their efforts to obtain gainful employment.” The situation has gotten so bad that, according to the Prison Policy Institute, “the unemployment rate for formerly incarcerated people is nearly five times higher than the unemployment rate for the general United States population, and substantially higher than even the worst years of the Great Depression.” As a result, people with conviction histories are almost 10 times more likely to be homeless than the general public.

The lawsuit seeks declaratory and injunctive relief to halt the defendant’s alleged unlawful practices and damages for the harm already caused. As this case moves forward, it promises to contribute to a national conversation about the importance of employers conducting individualized assessments of candidates for employment rather than blanket bans based solely on conviction history to address racial disparities in both the criminal legal system and employment opportunities.

Defendants in this lawsuit are: 

• DISA Global Solutions, Inc., 
• JCL Safety Services, 
• Air Products and Chemicals, Inc., 
• Phillips 66 Company, 
• North American Background Screening Consortium, and 
• Health And Safety Council (“HASC”)

Plaintiff is proceeding under the pseudonym Jane Roe to prevent unjustified intrusions to her privacy rights and to prevent likely harm and retaliation from future employers.

A copy of the complaint can be found here. 

For more information, please contact:

Sabina Crocette

Sr. Staff Attorney, Racial Economic Justice Program

Legal Aid at Work

180 Montgomery Street, Suite 600

San Francisco, CA 94104

Telephone: (415) 593-0120

Email: [email protected] 

Amanda Carlin

Litigation Staff Attorney

Root & Rebound

1730 Franklin Street, Suite 300

Oakland, CA 94612

Telephone: (510) 628-6034

Email: [email protected]

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About Legal Aid at Work:
Legal Aid at Work partners with people to help them understand and assert their workplace rights. We also advocate for employment laws and systems that empower low-paid workers and marginalized communities.

About Root and Rebound:

Root & Rebound is a national reentry organization with offices in California and South Carolina. We work to reverse the devastating effects of mass incarceration and over-criminalization and transform the experience of reentry by providing critical legal resources, education, and ongoing support to the individuals, families, and communities impacted.