Delta Airlines and a class representative for employees and prospective employees have reached a proposed settlement. The settlement now must be approved by the courts, but it points to the high risks of non-compliance with the FCRA.
Schofield v. Delta Air Lines, Inc. alleges that Delta failed to include adequate disclosures in the forms provided to current and prospective employees, thus violating the FCRA as well as three California statutes. As is often the case in this type of litigation, the plaintiffs also allege that the forms violate the FCRA because they do not meet the fair-and-conspicuous requirements of the FCRA, and they contained extraneous information.
The class is composed of 44,100 individuals.
Recommendation: The FCRA is very specific as to the steps to be taken when conducting background checks through a third party, and as most employers recognize, it is nearly impossible for an employer to re-create what a professional screening company can provide in terms of background checks. Violations of the disclosure and authorization requirements of the FCRA often land employers in court, and yet these requirements are relatively easy to implement once the proper document is created. These violations are also easy targets for professional plaintiffs who work to “catch” companies’ failure to adhere to the Act.
Companies operating in California should be particularly vigilant, as the state has additional laws and much-stricter interpretations of the FCRA. For consistency and ease of implementation, they may choose to adopt the California requirements for all states where they operate.
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About the Author
Zuni Corkerton is the Founder and President of RefCheck® Information Services, Inc., a human resources-based firm that focuses on providing stellar employers with in-depth–not generic–background-screening services. She founded the company in 1986, when as director of employee relations for a regional bank she found that hiring blind was not a sound business option. She needed solid, objective, job-related background information on the bank’s candidates. RefCheck® helps employers to perform their due diligence in the selection process in order to protect their employees, and to protect their organizations from the risks inherent in the selection process: employee theft, workplace violence, and negligent-hiring and negligent-retention allegations. Adherence to federal and state laws is of paramount importance to the company.
Please call (800-510-4010, x 12) or email Zuni (firstname.lastname@example.org) to schedule a free, confidential analysis of your current screening practices, and to determine how RefCheck® can help you to mitigate risk, protect your bottom line, and improve hiring.
Notice: Nothing in the material provided is intended to be or should be relied upon as legal advice. Readers are strongly advised to seek legal counsel. The author is not an attorney, and the information provided is for informational purposes only. Neither the author nor RefCheck® is engaged in rendering legal advice.