Attorney: Class actions over background checks performed by employers increasing steadily
Richmond partner David Anthony was quoted extensively in a January 2016 LegalNewsline article about Lorena Mejia filing a lawsuit in September against Chipotle Mexican Grill Inc. over allegations that the restaurant chain violated the Fair Credit Reporting Act (FCRA) in its employment application documents. She claims, per the article, that the company’s consent and disclosure forms included provisions of false information, at-will provisions, a post-employment authorization and a reference to a provision that would allow the company to conduct a background check on the applicant - all of which Mejia claims are not in compliance with the FCRA.
“The FCRA is a highly technical statute that has requirements that are deceptively simple. These specific and surprisingly technical requirements that must be followed in order for an employer to use a consumer report to make an employment decision make it easy for an employer to violate the FCRA if it does not have proper guidance on FCRA compliance,” David said. “Employers who are relying on background checks to screen their applicants and employees need to engage competent and experienced compliance counsel to review the processes…,” he added.