Written By ESR News Blog Editor Thomas Ahearn
United Parcel Service (UPS) of America Inc. faces a class action lawsuit that claims UPS allegedly violated the federal Fair Credit Reporting Act (FCRA) by using background checks for employment without providing the results to job applicants or employees, according to a report on the Top Class Actions website.
Top Class Actions reports that plaintiff John Riley of Florida claims he applied for a customer service representative job with UPS in November 2016. He was offered a job at UPS – the world’s largest package delivery company – and was told he had to complete a background check by a third-party screener.
Top Class Actions reports that “Riley was notified that he did not get the job based on the results of the background check. However, Riley says he was not given any information about the contents of the background report, even though it was used to make an employment decision” as required by the FCRA.
“As a result, Plaintiff was deprived of any opportunity to review the information in the report and discuss it with Defendant before he was terminated from employment, in violation of the FCRA,” the lawsuit states, adding that the practice “violates one of the most fundamental protections” of the FCRA.
The lawsuit further states that UPS violated the FCRA by denying Riley a job “on the basis of information contained in a consumer report, without first providing Plaintiff with a copy of the report, notifying Plaintiff of his rights under the FCRA, and giving Plaintiff a reasonable opportunity to respond.”
Top Class Actions reports that Riley seeks damages between $100 and $1,000 per FCRA violation and to represent a Class of UPS employees and job seekers who faced adverse action “based on the contents of a consumer report, and who were not provided with pre-adverse notice as required under the FCRA.”
The case is John Riley, et al. v. United Parcel Service of America Inc., Case No. 6:17-cv-00254, in the U.S. District Court for the Middle District of Florida. The full story is at https://topclassactions.com/lawsuit-settlements/lawsuit-news/489436-ups-class-action-says-background-check-practices-violate-fcra/.
Employment Screening Resources® (ESR) reminds readers that allegations alone made in FCRA class action lawsuits are not proof that a business violated any law, rule, or regulation.
ESR Whitepapers about FCRA Lawsuits
Employment Screening Resources® (ESR) founder and CEO Attorney Lester Rosen has written the whitepaper Common Ways Prospective or Current Employees Sue Employers Under the FCRA to explain the reasons employers face FCRA lawsuits from applicants and employees.
Rosen writes: “More often than not, employers are sued for violating FCRA 101 – simple rules and procedures that are clearly set out in the law.” The complimentary whitepaper from ESR is available at www.esrcheck.com/Whitepapers/Ways-Employees-Sue-Employers-Under-FCRA/.
Rosen also wrote a second whitepaper for employers who use third party background screening providers entitled Common Ways Consumer Reporting Agencies are Sued Under the FCRA that describes certain practices employers should keep in mind when choosing a CRA.
Rosen describes issues that can give rise to FCRA class action lawsuits against CRAs in the legally-sensitive area of employment background checks. The complimentary whitepaper from ESR is available at www.esrcheck.com/Whitepapers/Ways-CRAs-Sued-Under-FCRA/.
NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
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