John Riley claims that UPS violated FCRA statutes during his application process. In November 2016, Riley applied for a customer service position in Orlando and was offered the job contingent upon a background screening. UPS engaged the services of a third party to conduct the background check. Riley was later notified he was no longer a candidate for the position based on the results of his screening. It is Riley’s claim that he was never supplied with the contents of the background check and as a result, was not afforded the opportunity to review and discuss with UPS.
The FCRA mandates that an applicant or employee may not be terminated or denied employment based on the results of a background check without first supplying the subject of the report with the results of the report, informing them of their rights and affording them reasonable time to dispute or explain the results of the report.
It is the plaintiff’s assertion that UPS routinely engages in violations similar to this with other applicants and with existing employees. As such, he is seeking to represent a class of these individuals who were not provided with mandatory pre-adverse notifications. Riley is seeking $100-$1,000 per violation in addition to any punitive damages and legal costs.
Source: Top Class Actions, 2/15/2017
Posted: March 7, 2017