Written By ESR News Blog Editor Thomas Ahearn
Former job applicants who claim Waffle House violated the federal Fair Credit Reporting Act (FCRA) with background check reports have filed a new complaint that “consolidates claims brought by 23 plaintiffs in two Waffle House class action lawsuits filed earlier this year,” according to a report from TopClassActions.com.
Top Class Actions reports the first lawsuit was filed in the U.S. District Court for the Middle District of Florida in April 2017. Plaintiff William Jones filed the second lawsuit in the same court, claiming “he was denied a new job because of background check results he never had a chance to explain or correct.”
Top Class Actions reports the plaintiffs claim defendant Waffle House failed to provide them with both a copy of the background check report and the document “A Summary of Your Rights Under the Fair Credit Reporting Act” before taking adverse action against them as required by the FCRA:
Employers are expected to provide an applicant with a “pre-adverse action notice” before taking any adverse employment action based on the information in the background check. The notice is supposed to include a copy of the background report and a summary of the applicant’s FCRA rights.
The consolidated class action lawsuit is Jones, et al. v. Waffle House Inc., et al., Case No. 6:15-cv-01637-RBD-GJK. The complete Top Class Actions report is available at https://topclassactions.com/lawsuit-settlements/lawsuit-news/825945-waffle-house-job-applicants-consolidate-background-check-class-actions/.
Enacted in 1970, the FCRA is federal legislation that promotes the accuracy, fairness, and privacy of consumer information in the files of consumer reporting agencies (CRAs) and protects consumers from the willful and/or negligent inclusion of inaccurate information in their background check reports.
NOTE: Employment Screening Resources® (ESR) reminds readers that allegations alone made in class action lawsuits are not proof that a business or person violated any law, rule, or regulation.
ESR Whitepaper on FCRA Background Check Lawsuits
Employment Screening Resources® (ESR) founder and CEO Attorney Lester Rosen has written a whitepaper entitled “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” that shows the many reasons why employers are sued for alleged violations of the FCRA.
In the whitepaper, Rosen – author of “The Safe Hiring Manual” – explains how most employers are sued for violating simple “FCRA 101” rules that are clearly set out in the law. The complimentary whitepaper is available at www.esrcheck.com/Whitepapers/Ways-Employees-Sue-Employers-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.
© 2017 Employment Screening Resources® (ESR) – Making copies or using of any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.