Team Screening

Delta to Pay $2.3m to End Worker Background Check Suit

Delta to Pay $2.3m to End Worker Background Check Suit



Delta wasn’t completely indifferent to the FCRA’s disclosure requirements — it provided applicants with a multi-page form. However, as the motion noted, the FCRA requires a “clear and conspicuous disclosure … in a document that consists solely of the disclosure” (emphasis added).

Because Delta’s form contained other information, the plaintiffs argued, it violated the FCRA. The plaintiffs conceded that it was not clear whether Delta’s violation was “willful.”

This settlement is the latest in a string of employers paying big for alleged background check errors. Last spring, Frito-Lay paid $2.4 million to settle a very similar case, and Target forked over $3.7 million to settle a class action over a background check policy that allegedly discriminated against African-American and Latino applicants.

The U.S. Equal Employment Opportunity Commission and the Federal Trade Commission offer some guidance for employers on conducting legal background checks, including the following: “Tell the applicant or employee you might use the information for decisions about his or her employment. This notice must be in writing and in a stand-alone format. The notice can’t be in an employment application. You can include some minor additional information in the notice (like a brief description of the nature of consumer reports), but only if it doesn’t confuse or detract from the notice.” [2]

What We Think and How Team Screening can Help:

At Team Screening we help our clients not only with ongoing reviews but with consultation on screening services and strategies to make the process smooth, less stressful and more efficient. We provide complete guidance and education on FCRA compliance, working as an extension of our client’s team, so that reassures internal team is well educated and ready for employment and recurring screening processes.

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