Employee can bring FCRA claim over background check
01/30/2024 by New England Biz Law @ www.newenglandbizlawupdate.com
A state appeals court has decided that a plaintiff can sue her former employer in state court under the federal Fair Credit Reporting Act (FCRA) for conducting a pre-hire background check that did not technically comply with the FCRA’s disclosure requirements.
When plaintiff Nicole Kenn applied for a position with defendant Eascare LLC, she signed a disclosure form and authorization allowing Eascare to perform a background check that could include a look into her credit history. The disclosure form also included a waiver releasing the defendant from any liability resulting from the background check, as well as other allegedly extraneous language.