Tag: sex offender registry

Major Online Retailer Faces Proposed Class Action Over Unlawfully Using Sex Offender Registry in Hiring Decision October 13, 2022 One of the world’s largest online retailers is facing a proposed class action lawsuit. According to this lawsuit, the online retailer illegally used California’s online sex offender database when performing background checks on job applicants. According to the complaint filed with a Los Angeles-based federal court, the company and its third-party provider of background checks violated state and federal laws. They allegedly used information in the database to deny the plaintiff a position based on a conviction for rape that occurred approximately ten years prior. The complaint further alleges that in March of this year, the company made a conditional offer of employment for a position at a grocery store it owned. However, the company withdrew this offer after learning about his convictions for felony sex offenses from a background check report provided by its third-party vendor. This denial happened despite the applicant having worked a seasonal position at a fulfillment center owned by the company the previous year. Furthermore, the applicant passed a background check for that position. The applicant then filed a complaint against the potential employer and the vendor that provided the background check. The California Department of Justice’s Megan’s Law Website reports that the plaintiff faced conviction in 2013 for rape charges and served roughly five years in prison. However, Megan’s Law bars employers from using the website to deny job applicants a position based on information on the website. The only exception is if it protects a person at risk. In addition, state law bars consumer reporting agencies from providing an employer with criminal records greater than seven years old. As a result, the plaintiff accuses both companies of violating California’s state law that bars reporting of information over seven years old and Megan’s Law. The complaint also accuses the third-party vendor of violating the Fair Credit Reporting Act (FCRA) by providing an unlawful consumer report in its background checks. The lawsuit claims that these actions unlawfully denied the plaintiff and others employment opportunities with the company. The plaintiff seeks to represent three statewide classes, including himself and all others similarly situated under Federal Rule of Civil Procedure 23(b)(2). The best way to avoid claims such as these is to partner with a background check provider with a strong reputation for providing accurate and compliant information. Having the right partner-provider can help ensure that the information needed to make a safe hiring decision is available without providing potentially unlawful data. Discover the benefits of Pre-employ’s seamless background checks for your business. Contact a Sales representative today. Source

Tag: sex offender registry

Major Online Retailer Faces Proposed Class Action Over Unlawfully Using Sex Offender Registry in Hiring Decision

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