Litigation Update: Home Depot Hit for Employment Background Checks
February 12, 2015
Home Depot has been hit with another class action lawsuit alleging violations of federal law based on its employment background screening practices. The mega home improvement store is facing a second Fair Credit Reporting Act (FCRA) lawsuit—this one filed in the Northern District of Georgia on February 11, 2015. The focus of the present case is, like many other cases we have seen in recent weeks, the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “in a document that consists solely of the disclosure.”
Romulus Albu, a job applicant at Colorado-based, Delta Mechanical, Inc., a contractor for Home Depot, claims that the disclosure form that Home Depot provided for the background check included extraneous items in violation of the statute. The suit is seeking statutory damages of not less than $100 and not more than $1,000 per violation, reasonable costs, attorney’s fees, an injunction, and a declaration that the Defendant’s conduct is unlawful.
Case Name: Romulus Albu v. The Home Depot, Inc., Case No. 1:15-cv-00412-CC-JFK, U.S. District Ct. for the Northern District of Georgia.
File Date: February 11, 2015
Cause of Action: Class Action, Fair Credit Reporting Act 15 U.S.C. § 1681b (b)(2) Disclosure and Authorization
This case is interesting because the plaintiff was seeking work with Home Depot as a contractor through a third party. Since the background requirement and the forms were specific to Home Depot, Home Depot is the target of the suit and named as the sole Defendant. For more information on how to avoid being the next target of an FCRA class action claim, click here to see an FCRA round-up and tips for employers. Home Depot was sued in July of last year for alleged violations of a different provision of the FCRA involving adverse action notices. The case has since been voluntarily dismissed by the Plaintiff. A summary of the claims in that action can be found here.
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