Target sued for checking arrest records of new hires: Class action
[March 07, 2026]
By Jonathan Bilyk | Legal Newsline
CHICAGO — Target has been hit by a new class action lawsuit accusing it
of violating Illinois state law by conducting criminal background checks
on new hires.
Attorneys from the firm of Caffarelli & Associates, of Chicago, filed
the lawsuit in Cook County Circuit Court on Feb. 17. The lawsuit was
filed on behalf of named plaintiff Courtney McElrath-Bey.
According to published reports, McElrath-Bey, then 33, was arrested in
2024 of robbing another woman in Chicago's Woodlawn neighborhood in the
summer of 2023. According to the reports, McElrath-Bey allegedly was
among a group of people who allegedly took property from a 30-year-old
woman by force in the 400 block of East 66th Street.
However, according to the lawsuit, McElrath-Bey claims Target allegedly
violated her civil rights under Illinois state law by using arrest
records obtained in a background check to decide whether to ultimately
hire her to work at its distribution center on South Pulaski in October
2025.
According to the complaint, McElrath-Bey said she applied to work at the
facility as an "order picker or warehouse associate."
McElrath-Bey said Target ultimately extended her an employment offer,
subject to completing a background check. A week later, however, Target
allegedly sent her a "'Pre-Adverse Action Notification' informing her
that her background check ... identified two pending criminal charges
(arrest records) against her..."
According to the complaint, McElrath-Bey provided Target with
"additional information" about the arrest records, "explaining that the
two charges were currently pending, she had not been convicted, and she
was innocent of the charges."
She allegedly included "supporting documentation along with her request
for reconsideration."
[to top of second column]
|
Target, however, rescinded her job offer, saying she "did not
provide additional information for us to consider regarding your
offense(s)."
McElrath-Bey asserts Targets claims were "false" and violated an
Illinois state law blocking employers from using such arrest records
as a basis on which to refuse to hire someone.
That law was enacted in 2021 by Gov. JB Pritzker and Illinois
Democratic state lawmakers. The measure, known as the "Employee
Background Fairness Act," amended the Illinois Human Rights Act to
make it a civil rights violation for employers to make hiring
decisions based on arrest records revealed in employment background
checks.
The lawsuit asserts Target's alleged mistreatment of McElrath-Bey
was part of an alleged pattern of allegedly "unlawfully inquir(ing)
into the arrest records" of Illinois job applicants.
The lawsuit seeks to expand the action to include everyone with
arrest records who were denied jobs by Target since October 2023.
The lawsuit asserts that number includes "at least 100" people.
The lawsuit seeks damages on behalf of McElrath-Bey and all other
class members, including an injunction against Target and
unspecified money damages "allowed under the IHRA," plus attorney
fees.
A Target spokesperson declined comment on the lawsuit.
All contents © copyright 2026 Associated Press. All rights reserved
 |
