Federal Trade Commission

The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act (FCRA). Since that time, Publix Super Markets Inc. settled an alleged FCRA class for roughly $6.8 million for an alleged failure to have a stand alone disclosure about a background check in its application process. To top it all off, the Federal Trade Commission (FTC) just issued Background Checks: Tips For Job Applicants and Employees with tips for the potential FCRA plaintiff The FTC’s guide all but tells applicants and employees to call a lawyer:

Some employers check into your background before deciding whether to hire you or keep you on the job. When they do a background check, you have legal rights under federal law. Depending on where you live, your city or state may offer additional protections. It’s important to know whom to contact if you think an employer has broken the law related to background checks, and an equally good idea to check with someone who knows the laws where you live.

I say again, if you have not updated your background check procedures, maybe it’s time.