Unfair use of the federal Fair Credit Reporting Act in background checks has been the subject of multiple employment litigations. Home Depot, Food Lion, Chuck E. Cheese, Whole Foods and BMW have all paid settlements in such lawsuits this year. A man from Florida recently filed a lawsuit against Waffle House in the U.S. District Court for the Middle District of Florida, Orlando Division, claiming the defendant violated the FCRA in doing a background check that resulted in the company not hiring him for an advertised position.
He filed a class action lawsuit on behalf of himself and others in the same situation. The plaintiff alleges he filed a job application with Waffle House in Dec. 2014. He claims Waffle House ran a background check through PublicData and subsequently rejected his job application. The plaintiff argues that the information provided by PublicData contained inaccuracies.
The plaintiff further claims that the defendant provided no disclosure prior to checking his background, nor did it offer a copy of the report before rejecting his application; also, it failed to provide him with a post-adverse notice. He alleges FCRA violations in all these failures. The plaintiff requested a trial by jury, and he seeks compensatory, statutory, general, special and punitive damages along with legal costs and any other rewards that are deemed appropriate by the court.
Navigating such a lawsuit may be a complicated, and the assistance of professional legal counsel may be invaluable. An experienced Florida attorney who focuses on protecting the rights of employees can assess the client's allegations of FCLA violations that resulted in a defendant not hiring or rejecting an application for employment. All avenues will be considered to resolve the issue, and if no settlement can be reached, an attorney will litigate the case on the behalf of the client.
Source: esrcheck.com, "Waffle House Faces Background Check Class Action Lawsuit", Thomas Ahearn, Oct. 22, 2015