Spokeo Decision Saves Another Employer

Recently, a federal judge in Minnesota dismissed a class action lawsuit against Beverly Health and Rehabilitation Services citing Supreme Court ruling in Spokeo v. Robins. The plaintiff filed suit claiming she was not told the company was conducting a background check, she was not given information about who was running the check, and that there was no clear and conspicuous disclosure as is required by FCRA. The company did ask her to complete a background check authorization form, which asked for the usual information and if she had a criminal history, they did, in fact, offer her a conditional job offer. The judge pointed to the Spokeo decision to say the plaintiff could not show sufficient concrete injury and the case was dismissed.

The company did ask her to complete a background check authorization form, which asked for the usual information and if she had a criminal history, they did, in fact, offer her a conditional job offer. The judge pointed to the Spokeo decision to say the plaintiff could not show sufficient concrete injury and the case was dismissed.

While the judge ruled for the employer, it provides another example of a company being sued for not following guidelines provided by FCRA. Remember, an employee must be notified that a background screening will be conducted and there must be a clear and conspicuous disclosure form. If you have any questions about how to remain compliant as you screen applicants and employees, give us a call at 800.230.2991

Summary
Article Name
Spokeo Decision Saves Another Employer
Description
A federal judge in Minnesota dismissed a class action lawsuit against Beverly Health and Rehabilitation Services citing Supreme Court ruling in Spokeo v. Robins. Though the judge ruled in favor of the employer, it is a reminder of the importance of complying with FCRA when screening the backgrounds of applicants.