Written By ESR News Blog Editor Thomas Ahearn
Starbucks Corp. is facing a class action lawsuit filed by a Colorado man who claims he was denied a job based on an allegedly inaccurate background check and is suing the coffeehouse chain for violations of the federal Fair Credit Reporting Act (FCRA), according to a report from Top Class Actions.
Top Class Actions reports that plaintiff Jonathan Santiago Rosario claims Starbucks denied him a job based on allegedly inaccurate results of a background check without giving him a proper chance to correct those results and thus violated required provisions of the FCRA, which governs background checks in the U.S.
In March 2016, Rosario applied for a job at a Starbucks in Castle Rock, Colorado. A background check performed on him listed several criminal records from Pennsylvania, some of which involved violent crime and drug-related charges. Top Class Actions reports:
Starbucks then sent Rosario a letter dated April 20 informing him that the results of his Starbucks background check did not meet the company’s requirements. But by the time Rosario received the letter, he claims, Starbucks had already removed him from consideration for employment.
Top Class Actions reports that Rosario challenged the allegedly inaccurate background check results in May 2016, and the Consumer Reporting Agency (CRA) that performed the background check corrected the errors by May 19, and forwarded a corrected report to Starbucks.
However, Rosario claims Starbucks declined to change its decision to deny him a job and failed to give him an opportunity to dispute the contents of his background check in violation the pre-adverse action notification requirements in the FCRA, Top Class Actions reports.
The case is Rosario v. Starbucks Corp., Case No. 2:16-cv-01951, in the U.S. District Court for the Western District of Washington. The report from Top Class Actions is at https://topclassactions.com/lawsuit-settlements/lawsuit-news/375062-starbucks-class-action-faulty-background-check-cost-applicant-job/.
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