UPS is facing a class action lawsuit that alleges the company uses background checks to make employment decisions without providing the results to job applicants or employees, an alleged violation of the Fair Credit Reporting Act.
Plaintiff John Riley of Florida alleges he applied for a job as a customer service representative with the United Parcel Service of America Inc., the world’s largest package delivery company, in November 2016.
He says he was offered the job and was informed that he would be required to complete a background check. UPS reportedly used a third-party vendor to procure a consumer report on Riley.
According to the UPS class action lawsuit, Riley was notified that he did not get the job based on the results of the background check. However, Riley says he was not given any information about the contents of the background report, even though it was used to make an employment decision.
“As a result, Plaintiff was deprived of any opportunity to review the information in the report and discuss it with Defendant before he was terminated from employment, in violation of the FCRA,” the UPS class action lawsuit states.
Riley asserts that this practice “violates one of the most fundamental protections” the FCRA provides to employees.
“It was unlawful for Defendant to terminate Plaintiff’s employment or deny Plaintiff employment on the basis of information contained in a consumer report, without first providing Plaintiff with a copy of the report, notifying Plaintiff of his rights under the FCRA, and giving Plaintiff a reasonable opportunity to respond,” the UPS background check class action lawsuit continues.
Riley asserts that UPS routinely obtains consumer reports and uses the information contained in the background checks as a basis for taking adverse employment action against job applicants and employees, including termination of employment, demotion, reduction in working hours, failure to promote, and failure to hire.
According to the UPS class action lawsuit, the use of background checks for employment purposes is not unlawful, but the FCRA sets forth strict disclosure and authorization requirements to ensure the subject of the background check is able to obtain a copy of the report and that the person is given the opportunity to respond to the information contained in the consumer report.
By filing the UPS class action lawsuit, Riley seeks to represent a nationwide Class of all UPS employees and prospective employees against whom adverse employment action was taken based on the contents of a consumer report, and who were not provided with pre-adverse notice as required under the FCRA.
Riley is seeking damages between $100 and $1,000 per FCRA violation. He is also seeking punitive damages, reasonable attorneys’ fees and costs, and any other relief deemed proper by the court.
Riley is represented by Brandon J. Hill of Wenzel Fenton Cabassa PA.
The UPS Background Check Class Action Lawsuit is John Riley, et al. v. United Parcel Service of America Inc., Case No. 6:17-cv-00254, in the U.S. District Court for the Middle District of Florida.
UPDATE: On March 17, 2017, UPS argued that a class action lawsuit alleging the mail and delivery service violated the Fair Credit Reporting Act when it obtained and used background checks to make hiring decisions should be dismissed.
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20 thoughts onUPS Class Action Says Background Check Practices Violate FCRA
Hey I applied the let me work 2 weeks then let me go because they claimed my background was pending for orver a month sent me home then took 2 weeks to give me my paycheck then terminated me for no reason after I was told I was hired by h.r
This just happened to me. I worked seasonal for UPS in Sarasota Fl. I just applied for a part time position, went for orientation, returned tonight for work, after unloading a truck by myself supervisor called me and said my background disqualified me from working and sent me home without any further information. I’m extremely upset with how they handled this matter and let me work 2 days before informing me I was disqualified due to background. I have absolutely no felonies and minor misdemeanors that are over 7 years old.
Same story here but they removed me from orientation. And for over a month since the orientation they have told me my background is pending. I have one misdemeanor from 8 years ago!
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UPDATE: On March 17, 2017, UPS argued that a class action lawsuit alleging the mail and delivery service violated the Fair Credit Reporting Act when it obtained and used background checks to make hiring decisions should be dismissed.
I tried to get on for Christmas .And thought I had the job until the background check .
Happen to me also. I was given the job, then denied once the background check came back, requested a copy of the background check, never receive a copy of the background check
This happened to me as well at the Rockford IL location. I applied, they said they would get back to me. 6 weeks later I hadn’t heard from them so I contacted them only to be told they couldn’t hire me due to a background check I never consented to, and never saw, so I could not rebut anything.
Why did you wait six weeks to call and check on it? Did you not need the job or you already had a job when you applied?