Background Checks

For employers, the Fair Credit Reporting Act (FCRA) remains a veritable mine field that explodes into legal action on a regular basis. In December, 2015, plaintiff T. Jason Noye filed a putative class action against Johnson & Johnson (J&J) and staffing agency Kelly Services after they allegedly rescinded a job offer upon discovering Noye had a criminal conviction. J&J and its staffing services partner also allegedly acquired Noye’s consumer reports without giving him legally acceptable notification. Finally, Noye alleges that the defendants did not offer him the chance to review or contest the criminal findings.

All of these practices are violations of the FCRA; we will be following this case closely to see if it has merit—and to determine whether it will be a routine proceeding or the decision will have implications for employers, moving forward. To learn more about the requirements under FCRA for entities that use consumer reports, visit the Barada Resources page, where you will find numerous resources relating to FCRA and its requirements.