In 2008, in response to recent State of Ohio legislation, CPS, for the first time, required all employees, both “licensed” and “non-licensed,”1 to submit to criminal background checks. Based on the results of these background checks, in 2008, CPS ended the employment of nine employees with criminal offenses. Of the nine, one of the employees held a licensed position (teacher); the rest of the employees held non-licensed positions. Eight of the nine employees separated from the district were African American. All of the non-licensed employees who were terminated were African American.

Gregory Waldon and Eartha Britton, the two Plaintiffs in this civil action, were among the nine African American, non-licensed employees who lost their jobs at CPS as a result of their criminal background check in 2008. Mr. Waldon and Ms. Britton filed suit, alleging that the manner in which CPS applied and implemented the criminal background check had an unlawful disparate impact on African-American CPS employees.