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Amazon.com Inc. and a staffing company that aids the online retailer in its hiring are facing a class action lawsuit, alleging that they have violated federal law because they did not disclose the information found in a background check that was used to deny employment.
Plaintiff Gregory Williams claims in his class action lawsuit filed on Wednesday in Washington state federal court that Amazon and Staff Management Solutions, which is also called SMX, violated the Fair Credit Reporting Act (FCRA).
Williams claims that he applied for a job with Amazon as a “puller” at one of the online retailer’s distribution centers in November 2013. SMX helps Amazon with hiring at its fulfillment centers primarily in anticipation of seasonal hiring.
As part of the application process, Williams also filled out a form giving SMX the authority “to obtain his consumer report for employment purposes.” That form stated that if anything is found in the background check that could affect his employment that he would be given a copy as well as an explanation of his rights under the FCRA. It also stated that the information can be disputed if the applicant deems that it is inaccurate.
According to the Amazon class action lawsuit, Williams interviewed for the job on Nov. 30, 2013 and was offered the job almost immediately. He came in on Dec. 2, 2013 for a second in-person interview and orientation, when he was told the job would start on Dec. 5, 2013.
In the meantime, SMX performed a background check through Sterling, a company that handles such consumer reports for other companies.
On about Dec. 3, 2013, it was learned that Williams had “two criminal convictions — an old open container misdemeanor . . . and a felony conviction for cocaine possession, which did not belong to plaintiff.”
The results of the background check, the class action lawsuit explains, “disqualified Mr. Williams from employment at Amazon.” As a result, “Williams lost the job.”
Shortly after, Williams was told that Amazon could not hire him because of what was found in the background check because it “contained a felony.”
However, “Williams informed SMX that the background check, which he had not yet received a copy of, must have contained inaccurate information because he did not have any such criminal record, and was recently cleared to obtain a permit to carry a concealed weapon, so there must have been a mistake.”
“Under the FCRA, any ‘person’ using a consumer report, such as Amazon and SMX, who intends to take an ‘adverse action’ on a job application ‘based in whole or in part’ on information obtained from the consumer report must provide notice of that fact to the consumer-applicant, and must include with the notice a copy of the consumer report and a notice of the consumer’s dispute rights under the FCRA, before taking the adverse action,” the background check class action lawsuit explains.
“A primary reason that Congress required that a person intending to take an adverse action based on information in a consumer report provide the report to the consumer before taking the adverse action is so the consumer has time to review the report and dispute information that may be inaccurate, or discuss the report with the prospective employer before adverse action is taken,” the class action lawsuit adds.
However, “Williams was never sent by either SMX or Amazon a pre-adverse action notice, a copy of the background report used in the hiring process, or a statement of his rights under the FCRA,” the Amazon class action lawsuit explains.
Williams is seeking to represent a class of other applicants who tried to obtain employment with Amazon through SMX and were denied employment because of information disclosed in a background check, but “failed to provide the applicant a copy of his or her consumer report or a copy of the FCRA summary of rights before it took such adverse action.”
Williams is represented by Christopher Green of GreenLawFirm PS and James A. Francis and John Soumilas of Francis & Mailman PC.
There is no attorney information available for the defendants at this time.
The Amazon Background Check Class Action Lawsuit is Gregory Williams v. Amazon.com Inc. et al., Case No. 2:15-cv-00542, in the U.S. District Court for the Western District of Washington.
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7 thoughts onClass Action: Amazon Violates Federal Law With Employee Background Checks
I was hired by them on their cleaning crew at the beginning of the pandemic and worked three weeks, but when my background check came in I was let go and the sad part is the background check wasn’t mines and was never paid my week in the hole or pandemic pay.
I recently applied for a job at amazon. Let me take you back to the application where it has a question and I quote” have you been convicted of a felony in the the past 7years”. I answered the question no only because my conviction was in 2006. Yes that’s 14yrs a go. I didn’t list it because I answered the question correctly. Now if the question was “ have you EVER been convicted of a felony” then my answers would have been yes with the proper paperwork proceeding my conviction. They didn’t ask that question clear enough. When I went in for the rest of my i9 and present my identification they could have accepted all of my paperwork which would have eliminated some of the process or questions that arise. Amazon pretty much discriminated against me. That was 14yrs ago!!! Not within the past 7 yrs or I would have listed it!! The only reason why I was needing a job is I relocated due to the loss of my 16yr old son!! Guess what I’ve been sober throughout this grief thing!!! Today has been 14yrs 7m 4d and yet amazon only asked for the last 7!!! Help me understand this especially if they hire felons? Ppl change and it’s companies like this that don’t believe in 2Nd chances!!! Bye I haven’t been trouble since and I still remain sober!!! I’ve tried contacting amazon for what is the reason or what was it in my background that gave them the decision to deny my employment?
I did 2 interviews for a Amazon flex driver position and was offered the job and they did a drug test and background check. My background check was fine. I went to Quest diagnostics for the drug screening. While I was taking the test, I asked if I could disclose my prescriptions. They said no and once the results were in I would be called by an MRO to verify it with them before the results were sent to the employer. I was never contacted by anyone and was rejected for the job. They sent the results to the employer and not an MRO. I don’t know who’s at wrong here but they weren’t supposed to do that and I was told I would have the opportunity to verify my prescriptions but I was wasn’t.
I was just informed that while calling to check on direct deposit I was informed not to return due to background was incomplete in the assessment need to clear at office I report to office they closed at 4pm then I was told in same call to pick my check waited two hours to tell me No check glitch in computer software IT working on it but had to return home 1hour 50 mins no pay check on pay day & no show to work for background started 9/9 last day 9/16
I worked at Amazon for four months through SMX, I attempted to convert over a month after working there, but after a month after trying I never heard anything so I withdrew my application. Two months after I withdrew my application SMX told me I was no longer able to work at Amazon based on Background check that was no longer was Authorized on my behalf. I fail to see how they were able to proceed after I withdrew my application.
Similar thing happened to me. I applied for a conversion from SMX to amazon and received an email a month later stating that I withdrew my own application for conversion.When I applied again for conversion months later, it came up that my background check had failed in my previous application. HR never told me the reason for them deciding not to convert me after I had went to talk to them 3 times.
I am glad he is suing them, I went to an Interview with them 12 months ago, I pass all the test, and then they agreed i could fit the position they just needed to wait for the background check, they made it and they told me they could not hire me for the background check results… I asked why and they told me that was internal information. (my own information is internal for them), I never signed any form for the background check and I never received anything from them. I have a clean background, it was unfair, never had a ticket and never been arrest. I never found out why they rolled back the offer.