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 Common Ways Employees Sue Employers Under FCRA

Written By ESR News Blog Editor Thomas Ahearn

Employment Screening Resources® (ESR), a leading global screening firm providing on demand access to background screening services that enable employers to quickly make informed hiring decisions, has released a whitepaper written by ESR Founder and CEO Attorney Lester Rosen titled “Common Ways Prospective or Current Employees Sue Employers Under the FCRA.”

The whitepaper is a response to the rising trend of class action lawsuits filed for alleged violations of the federal Fair Credit Reporting Act (FCRA) that controls background checks for employment in the United States. This complimentary whitepaper is available at

In the whitepaper, Rosen – author of “The Safe Hiring Manual” – explains the reasons behind many of the FCRA class action lawsuits brought against employers: These suits against employers have become very common. Ironically, these suits often could have been easily avoided. More often than not, employers are sued for violating FCRA 101—simple rules and procedures that are clearly set out in the law. Most of the claims involve aspects of the employer’s screening process that could be easily remedied to comply with the FCRA such as reviewing the forms used for background screening.  

Rosen writes that often FCRA lawsuits are filed over alleged technical violations against employers who fail to dot the “i’s” and cross the “t’s” when performing background checks on employees and job seekers. Some specific reasons for FCRA lawsuits filed by employees and job seekers include:

  • Employer’s failure to obtain written authorization from the job applicant to obtain the consumer report or provide a required disclosure to the consumer.
  • Employer’s failure to provide the job applicant with a document consisting solely of the stand-alone disclosure.
  • Release Authorization contained language purporting to release the employer and anyone providing information from liability.
  • Failure to comply with “pre-adverse action” requirements or allow sufficient time for a consumer to respond.

Rosen founded Employment Screening Resources (ESR) in 1997 in the San Francisco, California area. ESR is a nationwide background check firm accredited by the National Association of Professional Background Screeners (NAPBS). Rosen was the chairperson of the committee that founded the NAPBS and served as first co-chair. He is a nationally recognized expert on background screening issues who has qualified and testified in Superior Court as an expert witness in due diligence.

For more information about ESR, please call toll free 888.999.4474 or visit

About Employment Screening Resources® (ESR)

Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a nationwide background screening firm accredited by the National Association of Professional Background Screeners (NAPBS®). ESR successfully completed a SOC 2 Type 2 Audit Report that confirms that ESR meets high standards set by the American Institute of Certified Public Accountants (AICPA) for the security, confidentiality, and privacy of consumer data used in background checks. ESR founder and CEO Attorney Lester S. Rosen is author of “The Safe Hiring Manual” and a nationally recognized expert in background screening issues. To learn more about ESR, please call toll free 888.999.4474 or visit

© 2015 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.


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