Anne Bucher  |  December 22, 2016

Category: Labor & Employment

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kroger grocery logoThe Kroger Co. has been hit with a class action lawsuit alleging it violates the Fair Credit Reporting Act by taking adverse employment actions without providing the subject of a background check with notification, a copy of the report and a summary of their rights under the FCRA.

Plaintiff Jonathan Rodriguez says he was denied employment as a meat clerk at an Alabama Kroger’s store based upon the contents of a background check that was conducted by General Information Services Inc. pursuant to an agreement between GIS and Kroger.

GIS is one of the country’s largest employment background screening companies. It assembles consumer reports based on reviews of public records and private databases and sells information about the alleged criminal, credit and employment history of individuals, the lawsuit states.

According to the Kroger class action lawsuit, GIS adjudicated Rodriguez as not eligible for the job because the background check showed multiple felony charges and convictions.

“These crimes, however, do not belong to Plaintiff,” the Kroger class action lawsuit asserts.

“In violation of the FCRA, Kroger failed to comply with the FCRA’s mandatory pre-adverse notification requirement, and failed to provide a copy of the inaccurate background report they obtained from GIS, before the adverse action occurred,” as required under the FCRA, Rodriguez alleges.

Rodriguez says he applied for a job at Kroger in May 2016. A few days after he applied, he had an in-person interview and was hired by Kroger the same day.

According to the Kroger class action lawsuit, Rodriguez began training as a meat clerk, but his employment was allegedly terminated days later based on information contained in his GIS background check.

Kroger did not provide him with a copy of the background report, the FCRA class action lawsuit states. When Rodriguez requested a copy, he was reportedly told that he would have to wait until the store manager returned nearly a week later.

According to the Kroger class action lawsuit, the GIS background report that was provided to Kroger indicated Rodriguez had criminal charges and conviction for first degree murder, conspiracy to commit murder, unlawful possession of a handgun, aggravated assault, manufacturing or distributing a controlled dangerous substance, and distributing a controlled dangerous substance on or near school property. All of these felony charges reportedly took place in Middlesex County, N.J.

Rodriguez insists that all of the information in the background check is inaccurate. According to the Kroger class action lawsuit, he is not the perpetrator of any of these crimes and he has never even visited New Jersey.

He argues that Kroger violated the FCRA by failing to provide him with a copy of his background report or any meaningful opportunity to dispute the contents before the grocery store took adverse employment action against him.

Rodriguez is seeking monetary relief for himself and a Class of similarly situated job applicants for whom Kroger failed to provide pre-adverse action notification required by the FCRA.

The plaintiff is represented by Micah S. Adkins of The Adkins Firm PC and James A. Francis, John Soumilas and Lauren Brennan of Francis & Mailman PC.

The Kroger Background Check Class Action Lawsuit is Jonathan Rodriguez v. The Kroger Co., Case No. 5:16-cv-02045, in the U.S. District Court for the Northern District of Alabama, Northeastern Division.

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5 thoughts onKroger Class Action Says Background Check Policy Violates FCRA

  1. Harvey Heft says:

    After 3 1/2 weeks of employment they told me that there was something other than my Dui on my background that I did not disclose so go home and I had to contact Gis which I did they emailed me a PDF with no data! After calling and complaining I finely received it in the mail and it shows that it was printed on 10/23/2017 I was terminated on 9/16/2017 and I still have not received a dispute form. They said I didn’t disclose public intoxication misdemeanor I had in 2012! How petty is Kroger?

    1. Jacob Tyler Strane says:

      Similar issue, really liked that job 😌 terminated for a pending open container traffic violation. Left me wondering about any job I mite pursue

      1. Jacob Tyler Strane says:

        One empty airplane bottle in my girlfriend at the times purse at that 🙏

  2. Eric Adams says:

    I have the same problem

  3. aprilhoward says:

    yeah i had trouble when i applied at the portclinton , mansfield one theres stuff on my back ground its not me and is other people had same problwms with walmart and circle k

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