Trucking Company Faces Class Action Lawsuit Over Employment Background Checks

A class action lawsuit filed against Swift Transportation in a Virginia federal court claims the company allegedly failed to tell more than 10,000 job applicants that they could “access the same information as the company for background checks and question the information the company reviews in making hiring decisions,” according to a story on TruckingInfo.com. The complete story is available at http://www.truckinginfo.com/news/story/2013/07/swift-transportation-faces-lawsuit-over-background-checks.aspx.

TruckingInfo.com reports that the plaintiff in the suit, James Ellis III, applied to be a driver for Swift Transportation in 2012 but “was turned away due to his background check.” The lawsuit claims the company allegedly violated the federal Fair Credit Reporting Act (FCRA) for several years by not informing applicants like Ellis that they had a right to get a free copy of the background check report used by Swift and could also dispute any information contained in the report.

TruckingInfo.com reports the new lawsuit is the second one filed against Swift Transportation that makes similar allegations of violations of the FCRA, the federal law that regulates the collection, dissemination, and use of consumer information, including background check information. A class action was filed in 2011 in federal court in Arizona by three applicants who also made the same charges as Ellis, TruckingInfo.com reports, but that case was later dismissed.

Sources:

http://www.truckinginfo.com/news/story/2013/07/swift-transportation-faces-lawsuit-over-background-checks.aspx

http://www.ftc.gov/os/statutes/031224fcra.pdf

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