The complaint—which claims both Hertz and the company they contracted to conduct their background checks “acted consciously in breaching their known duties and depriving … job applicants of their rights under the FCRA,”—arose as a result of the plaintiff, Peter Lee, being turned down from a position he was initially offered at a San Francisco branch of the car rental company in 2014.
Lee interviewed, passed a drug test, was offered the position and notified his employer that he was leaving for the position with Hertz. Only after that did he find out that Hertz was withdrawing the offer due to information that turned up while conducting a background check.
In 2012, Lee was in fact charged with a drug-related felony but during the course of his onboarding with Hertz the charges were still pending. The charges were uncovered when Hertz procured a background check on Lee – a check that Lee claims he was not properly notified of, nor was he given an opportunity to dispute or explain. Both acts, according to the complaint, demonstrate willful violations of the federal Fair Credit Reporting Act.
Hertz “routinely and systematically failed to provide plaintiff and other job applicants with a copy of their consumer reports prior to taking adverse actions against them,” the complaint alleges. “In doing so, Hertz fails to strictly comply with federal law governing the procurement and use of consumer reports for employment purposes.”
Source: Law360.com, 6/9/2015
Posted: June 12, 2015