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Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit settlement of $716,400 was reached with Van Heusen, Izod, G.H. Bass, and Calvin Klein over allegations that the company obtained background check reports without complying with the federal Fair Credit Reporting Act (FCRA), according to a report from reports that the class action lawsuit filed by plaintiff Luis Rodriguez claimed that Calvin Klein, Inc. and PVH Corporation illegally denied him employment as a manager at a Calvin Klein store based on an allegedly inaccurate background check conducted on him.

The background check class action lawsuit stated that the plaintiff was “not eligible for the job based upon the purported existence of multiple felony and misdemeanor charges and convictions” but that the supposed crimes did “not belong to or relate to plaintiff,” reports.

According to the class action lawsuit, the information in the background check report was not disclosed to Rodriguez before he was denied the position. Rodriguez tried to dispute the information and managed to get some of the background check corrected but the position was already filled.

The class action lawsuit claims that not allowing Rodriquez a chance to dispute the background check report violated the FCRA which requires that a copy of a background check report obtained about a job applicant is to be shared with that job applicant before any adverse action is taken.

The class action lawsuit settlement is for applicants who applied for a job at a Van Heusen, Izod, G.H. Bass, and Calvin Klein retail store or warehouse between April 3, 2010 and May 11, 2015. PVH Corp. does not admit to any wrongdoing but agreed to the settlement to avoid the cost and risk of going to trial.

The class action lawsuit is Luis A. Rodriguez v. Calvin Klein, Inc. and PVH Corporation, Case No. 1:15-cv-02590- JSR in the U.S. District Court for the Western District of New York. The full report is at

ESR Helps Employers Avoid Background Check Class Action Lawsuits

Employment Screening Resources® (ESR), a leading global background check firm, has released a free whitepaper written by ESR Founder and CEO Attorney Lester Rosen titled “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” in response to the rising trend of background check class action lawsuits. The whitepaper is available at

© 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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