CriminalBackgroundRecords.com Comments on Recent FCRA Legal Rulings and Potential Impactions on Background Screening

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Recently a Florida federal judge allowed a class action lawsuit against the Waffle House (William G. Jones v. Waffle House Inc. et al, number 6:15-cv-01637, in the U.S. District Court for the Middle District of Florida, Orlando Division) to move forward. Adam Almeida, President and CEO of CriminalBackgroundRecords.com comments: "Lawsuits for violating the Fair Credit Reporting Act are becoming increasingly common and the recent Waffle House litigation highlights the need for all companies to immediately work with fully complaint third-party background screening companies.”

Criminal Background Records

Criminal Background Records

The action of the courts highlights why now is the time to review background screening policies as well as fully vet the background screening company’s capabilities.

In Florida a federal judged permitted a class action lawsuit against the Waffle House for non-complaint criminal background checks to move forward. Adam Almeida, President and CEO of CriminalBackgroundRecords.com commented: "The action to allow the case to move forward in Florida highlights the urgent need to immediately work with a well trained and qualified third-party background screening company.

The Fair Credit Reporting Act (FCRA) is designed to regulate and govern the fair, legal, and lawful use of public data as part of an employment background screening. In October of 2015, a class action lawsuit (6:15-cv-01637) was brought against the Waffle House.

From topclassactions.com (Jun. 06, 16):

Plaintiff William Jones filed this Waffle House class action lawsuit in October 2015. Despite having worked for Waffle House “without issue” for more than 20 years, he claims the company denied him a job that he reapplied for based on the results of a background check that showed he had a criminal history. (1)

"There are very specific rules and regulations that govern the use of public records," states Adam Almeida, President and CEO of CriminalBackgroundRecords.com "and failure to comply may lead to costly litigation."

The case against the Waffle House highlights a very specific need to work with a well-qualified employment screening company.

From law360.com (Jun. 13, 16)

U.S. District Judge Roy B. Dalton Jr. held that a jury must determine whether Waffle House Inc. obtained a consumer report on lead plaintiff William Jones through The Source for Public Data LP, declining to dismiss litigation contending that he was denied a job based on a background check that returned a criminal record without being told the reason or receiving a copy of the report and information about the consumer reporting agency used. (2)

Almeida comments: "Utilizing a database that is solely on-line may help a company reduce cost, overall, but the exposure for non-compliance could be expensive. The action of the courts highlights why now is the time to review background screening policies as well as fully vet the background screening company’s capabilities."

A critical issue in the case was the failure to provide notice to the applicant of what information is available should the application process end up in non-hire.

From law360.com (Jun. 13, 16):

The applicant said the restaurant didn’t tell him that it intended to deny his application and, after deciding not to hire him, didn’t give him notice about the consumer reporting agency used and other information required by the federal law. (2)

Almeida comments: "The Waffle House case highlights the immediate need for businesses and organizations to work with a third-party background screening company especially as a class action lawsuit could be detrimental in both cost and reputation."

CriminalBackgroundRecords.com is a third-party background screening company that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, CriminalBackgroundRecords.com provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, CriminalBackgroundRecords.com can fulfill every background screening requirement.

Notes:

(1)    topclassactions.com/lawsuit-settlements/lawsuit-news/337435-waffle-house-rejected-job-applicant-seeks-class-certification/
(2)    law360.com/articles/806393/waffle-house-can-t-shake-background-check-class-action
(3)    law360.com/articles/806393/waffle-house-can-t-shake-background-check-class-action

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