We follow Top Class Actions Lawsuits and recently noticed a class action lawsuit advising the public of ways employers can violate their Fair Credit Reporting Act rights. Their checklist below is valuable insight into how many employers can take proactive action to comply with the Fair Credit Reporting Act. Remember the statements in this article are intended for individual who have been denied employment because the employer failed to follow FCRA steps.
What to know about the employment background check class action lawsuit
Core Issue: Employers may be violating the Fair Credit Reporting Act (FCRA) by failing to follow required steps before denying jobs, revoking job offers or firing workers based on background checks.
Who it Affects: This may affect job applicants and employees nationwide who lost a job opportunity or were terminated after a background check.
Legal Status: Attorneys are actively investigating claims.
Harm/Impact: These issues can lead to lost income, stress and harm to your professional reputation.
Take Action: If an employer mishandled your background check process, see if you qualify by completing the form on this page.
See If You Qualify
What is the employment background check class action lawsuit?
Job applicants and workers across the country allege that some employers violated the Fair Credit Reporting Act (FCRA) by failing to follow required steps when using background checks to make hiring or firing decisions.
These claims argue that employers:
Failed to provide a clear, standalone disclosure that a background check would be conducted
Ran background checks without proper written authorization
Did not give workers a copy of their background report or a summary of their FCRA rights before taking action
Failed to provide advance notice before denying a job, revoking an offer or terminating employment
Made final decisions without giving individuals time to review and respond to the report
When these steps are skipped, workers may lose job opportunities without a fair chance to respond — and the law may allow them to seek compensation.
Who qualifies for the employment background check class action lawsuit?
You may qualify for an employment background check class action lawsuit if the following apply:
Within the past two years, you were denied a job, had a job offer revoked or were terminated after an employment background check
Your employer or potential employer did not provide proper written disclosure or did not obtain your written authorization before running the background check
You were not given a copy of your background report, a summary of your FCRA rights or time to review and respond before a decision was made
Time limits may apply. Do not wait to check whether you may qualify.
Legally reviewed by: Jennifer Malainy
Chief Legal Marketing Officer, Siri & Glimstad
The law firm responsible for the content of this page is: Siri & Glimstad; New York, NY – National Representation; 888-747-4529; www.sirillp.com.
How FCRA violations can cause long-term harm
When an employer fails to follow the Fair Credit Reporting Act (FCRA), the consequences can go far beyond a missed job opportunity.
Lost Income and Benefits: Being denied a job or terminated can leave workers without wages, health insurance and other benefits for weeks or even months.
Damage to Professional Reputation: An improperly handled background check can create issues that follow candidates into future job searches, making it harder to secure employment.
Emotional Distress: Losing a job opportunity or being fired can cause stress, anxiety and financial uncertainty.
Federal law exists to help prevent these issues. If your rights under the FCRA were violated, you may have the right to pursue compensation.
Your rights under the Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law that protects job applicants and employees by requiring employers to follow specific steps when using background checks to make employment decisions.
Under the FCRA, employers must:
Provide a clear, standalone disclosure that a background check may be conducted
Obtain your written authorization before running the background check
Give you a copy of the background report and a summary of your rights before taking adverse action
Provide written notice before denying employment, revoking a job offer, reassigning you or terminating your employment based on the report
Provide a copy of the report and allow you time to respond
Even if the information in your background report is accurate, employers are still required to follow these steps.
If an employer fails to comply with these requirements, it may violate federal law — and you may have the right to file an FCRA lawsuit and seek compensation.
James P. Randisi, President of Randisi & Associates, Inc., has since 1999 been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about how to save a life with your drug testing policies, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
