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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
UPS is a gutter level dirty company, I have sued them in the past and I will surely sue them in the future, they promise BIG HOURS during the xmas season of five weeks, well I got 3 half days of work = 12 whole hours of pay , WOW now I can retire !! they lie thru their crooked teeth, and they wont hire anyone over the age of 30 , told they think over 30 people are ”too slow”.
Todd
Ohio Univ
Athens
I’m 47 and I worked for UPS as a seasonal driver helper last year and the year before. So that’s total BS they won’t hire anyone over 30. They even offered me work in January after the peak season was over. During peak season season, I was working 10 hour days, five days a week in Portland, Oregon. In fact, I could have worked even longer hours but I had to limit it to ten hours a day due to other commitments. Sorry it didn’t work out for you but for me personally, UPS has been a fabulous seasonal job.
sign me up false stuff on several backgrounds have cost me several jobs including this one im a white girl from ohio never been out of ohio and according to my back ground im a African American that’s been locked up in northcarolina
I had same problems. I waited over 6 weeks to be told I did not have the job and the report was not accurate and was later corrected but it was too late for the job. I have been screwed twice by their “background checks”.
Thank you for consideration to hear my case.
Amy
That happened to me at the Harrisburg PA ups a few yrs ago.. I applied again but in another town and they hired me last year. They told me they didn’t know why the Harrisburg area wouldn’t hire me when I told them how Harrisburg wouldn’t hire me cause my record when most of my stuff I was a juvenile under 17yrs old I’m 33yrs old now
Same thing happened to me in leesburg,fl….i got the job went for my uniform fitting and then was called back to the workforce center and told i cant be hired BUT i already aigned the hiring papers
If there is any way I can fight this back I wanna be apart of it cause this is just wrong?
Ups did the same to me in California. I want in on this one. chadhester35@yahoo.com….
The same thing happened to me in Hodges Illinois. Turned me away because of a background check and denied me the job because of a background check that I never saw!
I will take this topic one step further. I use to use the copy machines located at one U.P.S. “Mailbox Etc” stores in Portland owner. It was bought as a franchise by two retired married ( then later divorced teachers) who were also Oregon Notaries. They were selling the information they gathered from the information on customers who:
Had a Post Office box with them.
Made any copies on their “machines”.
Used their “mailing services”
They spent all of their time gathering information left by customers to sell to Private Investigators !!!! And anyone who would pay them.
I know for a fact they sold my information. ( I was also an Oregon Notary) and discovered too many discrepancies after doing business with them. Like they would take your money for supposedly “mailing” those U.S.P.S Proof Of Signature green cards….they’d take your $6.00 per transaction, then “just drop the cards in the mail” as if they had been actually sent. Pocketing the difference between the cost of a 22 cents postcard fee, and the $6.00 dollars they charged me.
What really gets me is….the profited from 911 big time. They sold the “business” ASAP after 911, within days of it happening. And the new guy went out of business almost overnight.
They were selling copies of what I (and other people) had made copies of, off of their copy machines. Selling directly to the opposition in several court cases.
The bottom line is you can’t trust these places. They can do what ever they want to a person, behind their back.
And on just one “new client” information list alone….they were selling it for $750.00 dollars in the year 1999.
They did this recently to me in PA, wont even return my call and tell me I have been denied. How can I pursue this?