In the summer of 2014, Kevin James was trying to find work as a day laborer. He took a city bus from the south side of Chicago to MVP Staffing, an employment agency in Cicero, Illinois, filled out the paperwork and was sent to a local manufacturing plant, where he spent the day packaging cookies in boxes.
That was the only day James, who is African-American, says he was sent on a job assignment.
For the next two months, James says he would make the 35-minute trip to MVP Staffing, a temporary employment agency with 60 offices nationwide, and he would "sit there and wait" for an assignment for hours. None came. So James stopped going. It was "mainly Hispanics" who were getting jobs, according to James.
"I didn't see no reason to go down there just to be told to go home," said James, 29, who, despite having worked in various retail jobs, factories and as a dishwasher, remains unemployed.
On Tuesday, attorneys for five black workers, including James, filed a class action lawsuit in federal court alleging that MVP Staffing and seven of its clients discriminated against black workers and failed to assign them work. The suit alleges that MVP and its clients preferred to hire Latino workers instead. It also alleges that supervisors used code words to differentiate between Latino and African-American applicants and only conducted criminal background checks on black applicants.
Joseph Sellers, chair of the civil rights and employment practice at Cohen Milstein Sellers & Toll who is co-counsel for the plaintiffs said that much of the discrimination was based on "a series of stereotypes about African Americans and Latinos," including that Latinos are immigrants that are less likely to complain about low pay or bad working conditions out of fear.
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