Does Your Background Screening Policy Violate FCRA?

Does your policy comply with FCRA?

Does your policy comply with FCRA?

A class action lawsuit against Whole Foods moved forward on March 30, when a Florida federal judge refused to dismiss the class action accusing the grocery store of violating the Fair Credit Reporting Act with its background check notification methods.

What did Whole Foods do wrong? Under FCRA, employers are required to provide applicants with a clear and conspicuous disclosure, consisting solely of the disclosure, that a consumer report will be obtained for employment purposes.

With this, Whole Foods is added to a long list of employers hit with class action lawsuits under FCRA based on their background check practices. Background check disclosures that include releases have become a frequent target for FCRA class action suits.

In February, Publix Super Markets Inc. agreed to settle a similar suit over their background check disclosure.

Have a questions about background screening or drug testing, including policy questions? Contact us!

Read more about the case here.

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