For Immediate Release July 21, 2017
Joshua E. Kim – Litigation Attorney
LAWSUIT ALLEGING ADVERSE EMPLOYMENT PRACTICES AT DISNEY
CLASS CERTIFICATION GRANTED
LOS ANGELES, In a July 13th ruling, LA County Superior Court granted a motion for class certification in a lawsuit alleging that Walt Disney Parks and Resorts violated the Fair Credit Reporting Act in its employment practices. It is estimated that violations affected over 40,000 people, many of them with past criminal records.
The lawsuit (Culberson et al. v. Walt Disney Parks and Resorts) was originally filed in November of 2013. Two clients (now class representatives) of A New Way of Life Re-Entry Project’s legal clinic applied for jobs at Disneyland in Anaheim, California, after expunging their records with the help of the clinic. Disneyland had them sign an authorization form potentially waiving their legal rights, and their expunged records showed up in background checks. By the time the background check company was notified and errors corrected, the seasonal positions applied for were no longer available.
The class representatives allege that the inclusion of the waiver in the authorization form violates 15 U.S.C. §1681b (b) (2) and that the failure to provide a meaningful opportunity to correct the error on the background check report violates 15 U.S.C. §1681b (b)(3). Both classes were certified and are represented by Joshua E. Kim of A New Way of Life Re-Entry Project, along with Devin H. Fok, of DHF Law, PC and V. Andre Sherman of Girardi & Keese.
A New Way of Life Re-Entry Project applauds the Court’s recent ruling, especially given Disneyland’s repeated attempt to portray the class as “felons” undeserving of protection under the law. Disneyland’s hostile attitude toward people with past criminal records is what perpetuates the vicious cycle of mass incarceration, alienation, and impoverishment. A New Way of Life Re-Entry Project is committed to breaking this vicious cycle by policy advocacy, community organizing, and impact litigation.