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ARTICLE · 16 JANUARY 2009

Fenwick Employment Brief

Although Starbucks has been the target of numerous class action lawsuits in the U.S., the company defeated plaintiffs in one recent class action arising out of the criminal background question in its job application.

United StatesEmployment and HR

Starbucks Prevails in Claim of Unlawful Criminal History Question in Application

Although Starbucks has been the target of numerous class action lawsuits in the U.S., the company defeated plaintiffs in one recent class action arising out of the criminal background question in its job application. The application asked: "Have you been convicted of a crime in the last seven (7) years? If Yes, list convictions that are a matter of public records (arrests are not convictions). A conviction will not necessarily disqualify you for employment." On a separate page, the application contained disclaimers for various states, including one for California, which provided: "CALIFORNIA APPLICANTS ONLY: Applicant may omit any convictions for the possession of marijuana (except for convictions for the possessions of marijuana on school grounds or possession of concentrated cannabis) that are more than two (2) years old, and any information concerning a referral to, and participation

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