Background Check Lawsuit Claims FCRA Violations

Written By Thomas Ahearn

homepage-legalIn a class action suit alleging Fair Credit Reporting Act (FCRA) violations, a federal judge has ruled that Canon Business Solutions faces additional discovery into claims the company relied on criminal background checks without letting employees or job applicants dispute the findings, according a Courthouse News Service report available at http://www.courthousenews.com/2014/03/03/65785.htm.

The complaint alleges the Plaintiff leading the class action against Canon, Anya McPherson, told the company she had not been convicted of a crime within the last seven years in her application for a permanent position. She was fired two weeks after moving from a temporary job to a permanent position with the company after a background check uncovered a felony conviction more than a decade old.

The complaint claims McPherson had the decade-old conviction expunged after applying for executive clemency, and that Canon never gave her a copy of the background check report, described her rights under the FCRA, or gave her an opportunity to explain the conviction. The Plaintiff seeks to represent those suffering from adverse action based on background check reports within a certain time frame.

Under the FCRA, employers have legal responsibilities regarding adverse action notices when a background check report results in an employer not hiring an applicant or not retaining, reassigning, or promoting a current employer. To learn more, read ‘Complying with the Fair Credit Reporting Act in Four Easy Steps’ by Attorney Lester Rosen, Founder or CEO of Employment Screening Resources® (ESR).

About Employment Screening Resources® (ESR):

Founded by safe hiring expert Attorney Lester Rosen in the San Francisco, CA-area in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. ESR provides Effortless Legal Compliance, Proven Expertise, Less Work/Lower Cost, Results You Can Trust, and Painless Migration. To learn more about ESR, visit http://www.esrcheck.com, call toll free 888.999.4474, or email sales@esrcheck.com.

About ESR News: 

The Employment Screening Resources® (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including “Ban the Box,” credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at tahearn@esrcheck.com.