Written By Thomas Ahearn
Trucking conglomerate Swift Transportation has agreed to pay a $4.4 million settlement with 160,000 driver applicants for a class action lawsuit claiming Swift violated the Fair Credit Reporting Act (FCRA) by not disclosing to driver applicants that they could access and contest background check reports used in the company’s hiring process, according to a story on the eTrucker.com website. The full story is available at http://www.etrucker.com/ovd/swift-makes-4-4-million-settlement-with-160000-driver-applicants-over-background-checks.
eTrucker reports the lawsuit was brought by an applicant who claimed he was denied a job after Swift Transportation performed a background check on him. The applicant argued that Swift was not authorized to view the background check report and did not disclose to him that he could see a free copy of the background check report for 60 days to contest any information within it, both violations of the FCRA. More information is available at http://www.overdriveonline.com/swift-being-sued-for-not-disclosing-it-used-background-checks-in-hiring/.
eTrucker reports that the settlement “applies to any driver applicant for Swift between July 23, 2008, and Sept. 30, 2012, for whom Swift obtained a background check, motor vehicle history report or consumer report and did not first have an in-person interaction with, according to court documents.” Of the approximately 161,000 members in the class, about 48,000 Group 1 members will get $50 each and the remainder of the $4.4 million will be divided between around 113,000 Group 2 members with each settlement to not exceed $50, according to eTrucker.
Background Check Reports from Employment Screening Resources® (ESR)
Employment Screening Resources® (ESR) is a nationwide background check provider accredited by the national Association of Professional Background Screeners (NAPBS®) that offers FCRA compliant background checks. For more information about ESR, visit https://www.esrcheck.com, call Toll Free 888.999.4474 or email [email protected].