Genesis Healthcare, GIS Face Background Check Class Action

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Last week, a class action lawsuit was filed against Genesis Healthcare LLC in Pennsylvania federal court alleging that the company violated the Fair Credit Reporting Act (FCRA) when it used consumer reports to make employment decisions without notifying job seekers or providing them an copy of their report.

Lead plaintiff Doris Ramos alleges in the FCRA class action lawsuit that Genesis Healthcare and the company it contracts with for background checks, General Information Services Inc. (GIS), improperly use background checks to make employment decisions about prospective job seekers. She alleges that Genesis Healthcare and GIS violated the FCRA when they used background checks to make adverse hiring decisions without providing a copy of the background checks to job seekers and notifying them of their rights under the FCRA. She also accuses GIS of improper procedure in putting together background checks.

Ramos alleges that GIS incorrectly listed a felony on her background check when she was offered a job as an assistant occupational therapist with Genesis Healthcare. As a result, Genesis rescinded its job offer, according to the class action lawsuit, even though she told them it was an error. She also claims that Genesis never provided her with a copy of the background check or notified her of her rights under the FCRA.

“Genesis, a nationwide employer, was aware of obligations under the FCRA as they relate to employment because it hired GIS not only to perform its background checks but also to (attempt to) provide Genesis’ adverse-action notices to job applicants,” argues the plaintiff in her FCRA class action lawsuit. “Genesis therefore knew of the requirements imposed upon it by the FCRA, and failed to craft a system that would ensure compliance with those requirements,” she continues.

Ramos further alleges that Genesis Healthcare and GIS improperly handled her background check once she notified them that it was inaccurate. According to the FCRA class action lawsuit, Ramos has a misdemeanor conviction for bouncing a check and a 1977 misdemeanor conviction for assault stemming form a felony child abuse charge. “The child’s injury arose when plaintiff’s former husband disciplined the couple’s son with a belt. As the child’s mother, plaintiff was deemed equally responsible for the incident although she took no part in it,” according to the Genesis Healthcare background check class action lawsuit.

Ramos argues that GIS improperly listed the 1977 incident as both a misdemeanor and a felony. Additionally, when she appealed her background check, GIS investigated but refused to make any changes, according to the class action lawsuit.

“When using criminal background reports for employment purposes,” Ramos argues, “Genesis must, before declining, withdrawing, or terminating employment based in whole or in part on the contents of the report, provide job applicants like Plaintiff with a copy of their respective reports as well as a written summary of their rights under the FCRA.”

“Providing a copy of the criminal background report as well as a statement of consumer rights before making a final adverse employment decision arms the nation’s millions of job applicants with the knowledge and information needed to challenge inaccurate, incomplete, and misleading public-records-based reports,” Ramos continues. “Further,” says the plaintiff in the FCRA class action lawsuit, “GIS even goes so far, as in this case, to compare the background reports it generates against hiring criteria provided to it by Genesis and adjudicating those individuals as fit for employment with Genesis.”

Ramos is represented by David A. Searles and James A. Francis of Francis & Mailman PC.

The Genesis Healthcare Background Check Class Action Lawsuit is Doris Ramos v. Genesis Healthcare LLC, et al., Case No. 2:15-cv-00052, in the U.S. District Court for the Eastern District of Pennsylvania.