If you received a Notice, it is because DHL Supply Chain’s records indicate that you applied for a non-exempt position with DHL Supply Chain and received a conditional offer of employment between January 1, 2016, and December 31, 2021, which may have been rescinded at least in part because of information contained in your criminal background check or because of failure to fully disclose your criminal history. You have a right to know about the proposed Settlement of this class action lawsuit because you potentially are a Class Member. If (i) the judge approves the Settlement, (ii) you satisfy eligibility criteria, and (iii) you do not opt out of the Settlement, then you will receive a payment.

This case was brought by Walter Pickett and Marshawn Pearson. They are called the “Plaintiffs.” Plaintiffs allege that DHL Supply Chain violated Title VII of the Civil Rights Act of 1964, state, and local law by using a background check policy and a policy of disqualifying applicants who did not fully disclose criminal history, which Plaintiffs contend disparately impacted African American and Hispanic applicants by excluding them from consideration for certain jobs.

DHL Supply Chain denies that its job application violated Title VII, state, or local law. The court has not decided in favor of Plaintiffs or DHL Supply Chain.

DHL agreed to pay $2,700,000 for this Settlement, which covers payments to eligible Class Members and the costs of administering this settlement. This payment also includes the amounts that the judge agrees to compensate Class Counsel for their work on this case and Plaintiffs Walter Pickett and Marshawn Peterson for their service as the named Plaintiffs. Eligible Class Members will receive a portion of the Settlement fund that will be based on the total number of Class Members who satisfy the eligibility criteria.

To receive a payment under the settlement, you must send in Claim Form in which you certify under penalty of perjury that you satisfy eligibility criteria. It is attached to the Notice you received in the mail. Please read the instructions carefully. Claim Forms must be fully filled out, signed, dated and sent to the Settlement Administrator, postmarked, faxed, emailed, or submitted online no later than June 26, 2023.

If the judge grants final approval of the Settlement and you do not opt out of the Settlement, you give up (also called “release”) your right to sue DHL Supply Chain for all claims relating your denial of employment by DHL Supply Chain because of your criminal history (or failure to fully disclose criminal history) under Title VII, and corresponding state or local law. This includes giving up your right to ask for any other statutory damages, compensatory damages, punitive damages, penalties, and attorneys’ fees and costs. This means that you cannot sue, continue to sue, or be part of any other lawsuit against DHL Supply Chain relating to its failure to hire you because of your criminal history (or failure to fully disclose criminal history).

Unless you opt out of the lawsuit, you will be covered by this release.

• OPTION 1 – SUBMIT A CLAIM FORM

If you are African American or Hispanic (solely or in combination with other races), applied for a non-exempt position with DHL Supply Chain between January 1, 2016, and December 31, 2021, and received a conditional offer that to the best of your knowledge was rescinded, at least in part, because of information disclosed in a background check or because of failure to disclose your criminal history, you may complete the Claim Form and certify that you are eligible to receive payment from the Settlement.

• OPTION 2 – EXCLUDE YOURSELF (“OPT OUT”) FROM THE SETTLEMENT

If you choose to be excluded from the Settlement, you will not be bound by any judgment or other final disposition of the lawsuit. If you exclude yourself, you are not part of the Settlement and will not receive any benefits from it. You will retain any individual claims against DHL Supply Chain you might have under the Title VII, state, and local law. To request an exclusion, you must submit, by first class U.S. mail, postage prepaid, an Opt-Out Statement to the Settlement Administrator by June 26, 2023 including your name, signature, date of signature, address, email address(es), self-identified race, and telephone number(s), as well as the following statement: “I opt out of the DHL Supply Chain Applicant Settlement.”

If the request is not postmarked by June 26, 2023 and/or does not contain the required information, your request for exclusion will be invalid and you will be bound by the terms of the Settlement approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims that arise out of or relate in any way to the claims as specified in the Release referenced in Paragraph 5.

• OPTION 3 – OBJECT TO THE SETTLEMENT

If you wish to remain Class Member, but you object to the Settlement (or any of its terms) and wish the Court to consider your objection at the Final Approval Hearing, you may object to the Settlement. You can object to any aspect of the proposed Settlement if you send, by first class U.S. mail, postage prepaid, a written objection to the Settlement Administrator by June 26, 2023 stating all the reasons for the objection. Any reasons not included in the statement will not be considered. The statement must also include your name, address, e-mail(s), self-identified race, telephone number(s) and, where appropriate, your intent to appear in person or through counsel at the Fairness Hearing.

Please be advised that, as indicated earlier in the Notice, if you satisfy settlement eligibility criteria but do nothing in response to this Notice, you will not receive any payment and will not be able to sue DHL Supply Chain separately about the same legal claims in this lawsuit.

Yes. The judge has appointed Outten & Golden, LLP to represent all Class Members. The lawyers are referred to as “Class Counsel.” Unless you elect to exclude yourself from the Settlement, you will continue to be represented by Class Counsel in connection with the implementation of the Settlement throughout the duration of the terms of the Settlement at no cost to you. Class counsel may be contacted here:

Ossai Miazad
Christopher M. McNerney
Rebecca L. Pattiz
Outten & Golden, LLP
685 Third Avenue, 25th Floor
New York, NY 10071
Telephone: (212) 245-1000
DHLSCSettlement@outtengolden.com

Class Counsel will ask the Court to approve payment of up to one-third of the fund ($900,000.00) for their attorneys’ fees plus reimbursement of their reasonable costs and expenses.

The judge is currently scheduled to conduct a Final Approval Hearing regarding the proposed Settlement on August 22, 2023 at 9:30 a.m. CDT. The Court may change this hearing date and/or time and any updates may be found on the settlement website noted in Question 10 below. You do not need to attend the hearing, but you may attend at your own expense if you would like. You may ask the judge for permission to speak at Final Approval Hearing.

At this hearing, the judge will consider the fairness, reasonableness, and adequacy of the Settlement. If there are objections, the judge will consider them. After the hearing, the judge will decide whether to approve the Settlement. We do not know how long the judge’s decision will take.

The full Settlement Agreement and certain pleadings filed in this case are available on the website created for this settlement by the Settlement Administrator, available here.

You can contact the Settlement Administrator, as described below, or Class Counsel, identified in Paragraph 7 above:

DHL Supply Chain Settlement
P.O. Box 2006
Chanhassen, MN 55317-2006
Email: info@DHLSCSettlement.com
Toll-free: 877-387-1241
Fax: (952) 404-5750

PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS.