Macy’s was hit this week with a complaint filed with the U.S. Equal Employment Opportunity Commission over allegations its background check policies to screen job applicants based on criminal history is discriminatory.

The complaint, filed by Outten & Golden on behalf of the nonprofit Fortune Society, violates Title VII of the Civil Rights Act by rejecting or terminating employees on the basis of their criminal histories, which they argue bears no relationship to an employee’s ability to perform a job.