Employers, here is another lawsuit against a large employer that alleges Fair Credit Reporting Act (FCRA) violations. Henderson v. The Home Depot, Inc., filed at a Georgia federal court, alleges that the Home Depot runs background checks without proper notification, and does not provide applicants or employees with copies of the reports prior to taking adverse action, thereby violating the FCRA.
According to Top Class Actions, the class action lawsuit “seeks to certify a Class of individuals who applied for work at Home Depot, agreed to the terms and disclosures, and were subject to consumer report without being informed on or after July 3, 2013. Henderson’s class action lawsuit is also seeking to certify those who have faced adverse employment action, like Henderson, and who did not receive copies of these reports.” This is significant due to the large of people who apply for jobs at the retailer, which means that “the Class of plaintiffs could potentially include thousands of Home Depot applicants.”
We have said it before, but it bears repeating in light of this and other similar lawsuits. It’s important to be familiar with and follow FCRA regulations. This includes providing applicants and employees undergoing background checks with written notice, as well as obtaining their written consent. And when taking adverse action, you must also follow FCRA procedures. Corporate Screening has published articles about these procedures in newsletters, click here to review one such piece.
Please review your practices to ensure that they comply with FCRA requirements. If you have any concerns, Corporate Screening’s knowledgeable account representatives are ready and able to assist you.
