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A Philadelphia woman who was allegedly denied a job based on the results of a background check is seeking class certification in a Rite Aid lawsuit.
Plaintiff Kyra Moore claims Rite Aid violated the Fair Credit Reporting Act by using the results of background checks to make employment decisions without giving the applicants a chance to dispute the content of those background checks.
She claims Rite Aid’s actions caused similar harm for an entire group of applicants, laying the grounds for an FCRA class action lawsuit.
According to Moore’s Rite Aid class action lawsuit, the FCRA requires any person who seeks to take adverse employment action based on the contents of a “consumer report” to provide the affected person with a copy of that report before taking the adverse action.
The purpose of this requirement is to give the affected person a chance to respond to the contents of the report before adverse action is taken, Moore says.
The plaintiff alleges that Rite Aid does not give applicants a copy of that report until after the company has rejected their job application.
In addition, Moore claims Rite Aid sends the rejected applicants a form letter that she says misleads them as to their rights to challenge the report under the FCRA.
In her Rite Aid class action lawsuit, Moore says Rite Aid denied her a job because of the results of a background check she never got a chance to challenge.
She claims that soon after she applied with Rite Aid in April 2011, the company sent her a letter and a copy of her background report provided by LexisNexis and based on information from the Esteem database.
The report said that in July 2010, Moore had committed a theft of $60 in merchandise at a CVS store, where she previously worked as a shift supervisor. The report assigned Moore an overall score of “Non-Competitive,” she says.
Moore says that in 2010 she had been terminated from CVS following an interview by the company’s loss prevention agents, who she says “turned vague questions about forgetting to pay for snacks left behind the front counter into a false accusation of theft of merchandise.”
Moore now proposes to represent a plaintiff Class consisting of all U.S. applicants for employment with Rite Aid who were sent a letter similar to the one Moore received between Mar. 23, 2011 and the date in 2014 when Rite Aid began offering applicants more time to respond to the background report, and who were not hired by Rite Aid.
She seeks an award of damages including statutory damages of $100 to $1,000 per affected person, plus reimbursement of court costs and attorneys’ fees.
Moore is represented by attorneys James A. Francis and David A. Searles of Francis & Mailman PC; Irv Ackelsberg of Langer Groger & Diver PC; Nadia Hewka of Community Legal Services Inc.; and Leonard A. Bennett of Consumer Litigation Associates PC.
The Rite Aid Job Applicant Background Check Class Action Lawsuit is Kyra Moore v. Rite Aid Hdqtrs Corp., et al., Case No. 2:13-cv-01515, in the U.S. District Court for the Eastern District of Pennsylvania.
UPDATE: On Dec. 6, 2016, Rite Aid is seeking to dismiss a job applicant background check class action lawsuit, telling the court that the plaintiff should not be allowed to pursue claims since she already settled with the background reporting company.
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2 thoughts onRite Aid Job Applicant Seeks Certification in FCRA Class Action
UPDATE: On Dec. 6, 2016, Rite Aid is seeking to dismiss a job applicant background check class action lawsuit, telling the court that the plaintiff should not be allowed to pursue claims since she already settled with the background reporting company.
If they have proof that she did, then don’t hire.. I took a test for a job and being completely honest it had a question that I will never forget. Oh by the Way Never be Honest…. I will Bite you in the End. Took a test for a job, Me having high morals and being honest to everyone. one question is have you ever taken something that was not yours… So being honest. I put yes. Alright everyone be honest and give this some long thought. Have you ever borrowed a Lighter if your a smoker lets say at a party to light up, get talking and place the lighter in your pocket with out thought. say you borrowed one to go outside to smoke not in someones house, you outta habit place the lighter in your pocket. come in have a drink and forget about borrowing a persons lighter. You just Stole from someone. Borrow a pen to make a check out at the store, fill out the check and tear out check and close checkbook with pen inside, You are a Thief, I did not get the job because I was honest about answering the questions honestly. The loss perversion person who went over my per-employment denied me the job to being honest about those questions. I even gave them reason why I answered the way I did. Funny thing is they borrowed my pen, wrote denied on my paperwork. Thanked me for coming in and sorry that I did not get the job, I started to leave, I turned around and told them that they are Fired for theft, The look that came over the faces, they did understand by what I said. I explained you just borrowed my pen used it shook my hand and kept my pen like it was yours. You just committed Theft. That is why I answered the question the way I did. I was being honest. If anyone who ever answered no is a lier and I would not hire them. Still did not get the job..