Taking Action as EEOC Moves to Drop Civil Rights Lawsuit Against Sheetz

Workers seek to continue criminal history discrimination lawsuit after EEOC signals it will withdraw based on presidential directive

JOHNSTOWN, PA – A Black man who was denied employment by convenience store chain Sheetz has moved to intervene in a federal criminal history discrimination lawsuit after the U.S. Equal Employment Opportunity Commission (EEOC) notified plaintiffs that it plans to drop the case—not based on the evidence, but due to a directive from President Trump.

The federal suit, originally filed by the EEOC in April 2024, alleges that Sheetz maintained a blanket policy of rejecting job applicants based on criminal history, disproportionately excluding Black, American Indian/Alaska Native, and multiracial candidates.

On May 22, 2025, the EEOC sent letters to potential class members stating it would no longer seek monetary or injunctive relief for them and urged those affected to act swiftly to protect their rights. The letter described the decision as “based solely on a Presidential directive,” a reference to an April 25, 2025 Executive Order claiming to “eliminat[e]” disparate impact liability.

“Our client is stepping up to ensure his rights—and the rights of other applicants who were unlawfully denied employment—are not abandoned,” said Christopher McNerney, partner at Outten & Golden LLP and counsel for the intervenor. “The EEOC spent nearly a decade investigating this case, finding a basis to allege evidence of systemic racial discrimination. Our client is now asking the court to let them continue the fight.”

The motion to intervene outlines that the EEOC’s own investigation found reasonable cause that Sheetz had “an ongoing, company-wide practice” of rejecting Black, American Indian/Alaska Native and multiracial candidates for all categories of positions because of their criminal history. This policy, the Commission concluded, disproportionately harmed these qualified applicants in violation of Title VII of the Civil Rights Act of 1964.

“The EEOC’s decision to abandon this case does not change the fact that Title VII has been established law for more than 60 years,” said Ben Geffen, Senior Attorney at the Public Interest Law Center. “Our client has a right to be judged on his qualifications, and not to be denied a livelihood by policies that exclude people with stale convictions that are unrelated to the job. When the government steps back, we step in. We will not allow political interference to wipe out hard-won legal protections.”

Miller, a 32-year-old Black man who applied to be an evening/overnight shift supervisor at a Sheetz location in Altoona, PA, received a conditional offer of employment, subject to background check. He worked as a shift supervisor for just over a month, during which time he was told he had passed the drug test. After an old conviction came up in Miller’s background check, Sheetz denied his employment. Miller was not aware of any complaints about his performance during his brief time at Sheetz, and there was no individualized assessment or consideration of his past conviction’s relevance to the job.

“I was trying to build a future, and Sheetz made a snap judgment about me that had nothing to do with my ability to do the job. Now, the Government is abandoning our case. It is disheartening, but we’re not going to give up our fight for justice,” Miller said.

Miller is also asserting claims under Pennsylvania state law, which prohibits employers from rejecting applicants based on conviction records unless they are directly related to the job.

“This lawsuit represents years of public investment, serious legal findings, and real lives harmed by discriminatory policies,” said Jenny R. Yang, partner at Outten & Golden LLP, who previously served as Chair of the EEOC. “Our client is doing what the law allows—and demands—when enforcement falls short: they’re stepping in to carry the case forward.”

The motion was filed in the U.S. District Court for the Western District of Pennsylvania. Kenni Miller is represented by Outten & Golden LLP and Public Interest Law Center.

Case Documents from 6/6/2025:

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