Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) is Investigating Employers that Fail to Provide Job Applicants with Copies of Background Reports

Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) is Investigating Employers that Fail to Provide Job Applicants with Copies of Background Reports

CSK&D is investigating potential class action lawsuits against employers that require background checks as part of the job application process and then fail to turn these reports over to applicants upon request.

Employers rarely extend job offers without first checking an applicant’s background and references.  They are free to conduct such checks, but are obligated to follow certain rules, many of which come from the Fair Credit Reporting Act (“FCRA”). Ordinary background checks qualify as consumer reports under the FCRA, so companies that obtain them must inform applicants that they will obtain these types of reports. Furthermore, FCRA requirements provide that companies obtaining background reports and that use them to make an adverse employment decision must provide the applicant with a copy of their report, among other things.

Companies that fail to provide job applicants with their background checks following an adverse employment decision (e.g., rescinding a job offer) may violate several FCRA requirements. CSK&D is interested in speaking with job applicants who were denied employment, had a job offer rescinded, or faced some other adverse employment decision, and were not provided with their background check report.  If you have had a similar experience, please contact the lawyers listed on this page.