Written By ESR News Blog Editor Thomas Ahearn
A job applicant from Oregon has filed a class action lawsuit that claims superstore chain Fred Meyer allegedly failed to satisfy the requirements of the federal Fair Credit Reporting Act (FCRA) when conducting background check reports on applicants, according to a report from Top Class Actions.
Top Class Actions reports that plaintiff “Daniel W.” applied for a job with defendant Fred Meyer in March 2017 and “was presented with three separate background check disclosures” after he was hired. In April, he received a copy of the background check report and a pre-adverse action notice from Fred Meyer.
The plaintiff says the pre-adverse action notice told him to address issues about the background check report with the firm that conducted the background checks and not with Fred Meyer. He was fired a few days later “because he never got a proper chance to dispute the contents of his background check report.”
Top Class Actions reports that the plaintiff claims the defendant failed to give him an opportunity to address problems with the background check report before taking adverse action against him based on the report’s contents by deferring any disputes about the report to the background check provider.
Top Class Actions reports the complaint says the defendant provided “not one, but three disclosures, with each disclosure containing unnecessary, extraneous, and unlawful information.” The FCRA requires background check disclosures to be in a “standalone” document with no other information included.
The FCRA also requires employers to notify applicants about the nature of the background check report, get their consent to procure the report, and explain the applicant’s rights under the FCRA in the disclosure. The applicant also has a right to get a copy of the report and to contest the information in the report.
The plaintiff is asking the court to declare that the defendant’s “actions constitute violations of the FCRA,” seeking an injunction “to stop the actions complained of and to provide proper disclosures, notices and summaries,” and also seeking “an award of damages, litigation expenses, and attorney fees.”
The complaint proposes a “Disclosure Class” for all U.S. persons who applied for a job with Fred Meyer on or after November 8, 2015, and had a background check report, and an “Adverse Action Class” for all U.S. persons subjected to an adverse employment action on or after November 8, 2015, by Fred Meyer.
The FCRA class action lawsuit is Case No. 3:17-cv-01791-YY filed in the U.S. District Court for the District of Oregon. The complete report is available at https://topclassactions.com/lawsuit-settlements/lawsuit-news/825669-fred-meyer-class-action-says-background-checks-violate-fcra/.
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 Common Reasons for FCRA Background Check Lawsuits
Employment Screening Resources® (ESR) founder and CEO Attorney Lester Rosen wrote a whitepaper entitled “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” to show why employers are sued for violating simple rules and procedures.
Rosen – author of “The Safe Hiring Manual” – explains how FCRA background check class action lawsuits are becoming more common but can be easily avoided. The complimentary whitepaper is 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.
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