Class action lawsuit- A vendor’s failure to follow FCRA guidelines
Barb J. Wyskowski, J.D.
Chief Compliance Officer | TABB INC | Background Checks | Student Screening | FCRA | EEOC | Compliance | PBSA Accredited
A proposed class action lawsuit alleges that HireRight recklessly furnishes background reports that contains outdated arrest records and other adverse information on a routine basis. The focus of the lawsuit is a background check conducted on a prospective Apple employee in August of 2018. The plaintiff in this case was charged, but not convicted, on seven felony counts in February of 2011, more than seven years prior to applying for employment at Apple.
The Fair Credit Reporting Act (FCRA) prohibits a background vendor from reporting arrests that did not result in a conviction that occurred more than seven years prior to the time of the search. The lawsuit stated “The FCRA prohibits, inter alia, the reporting of arrest and other law enforcement records that predate the report by more than seven years, unless those records are a record of conviction”.
The FCRA also mandates that the applicant has the right to a copy of the report that was generated and to submit a dispute of what the applicant believes are inaccurate to the background investigation vendor. The vendor must conduct additional research to validate the report submitted to the employer or remove or correct inaccurate information. The plaintiff filed a dispute with HireRight, citing the FCRA prohibition of reporting outdated information, as the arrest occurred beyond the seven year limit. HireRight reviewed the dispute and responded with “the case is currently reporting accurately per FCRA and State reporting guidelines; therefore, no changes will be made to the report.” The lawsuit claims that HireRight’s review of the dispute and their conclusion was inadequate.
Inaccurate criminal record research due to the background industry’s reliance on failed proprietary criminal databases and the systemic failure to follow FCRA reporting guidelines is a potential disaster for the employer. Contact TABB INC. to learn how our customer focused processes will assure you are in compliance with the FCRA.