Trucking company Swift Transportation, headquartered in Phoenix, Ariz., is being sued in a Virginia federal court by James Ellis III for allegedly violating the Fair Credit Reporting Act (FCRA). The proposed class action claims that Swift failed to disclose to job applicants that it could access background checks and that prospective employees had the right to not only see but also contest those background checks. The lawsuit claims Swift has been violating the FCRA since 2006 and more than 10,000 applicants have been involved.
Ellis’s lawsuit says that he specifically sought a job with Swift in 2012 but was removed from consideration for employment after the company saw the results of a background check on him from HireRight Solutions.
“Swift did not advise the plaintiff prior to the procurement of his consumer report, that he could receive a free copy of the consumer report within 60 days, and that he could dispute the accuracy or completeness of any information contained within the consumer report with the consumer reporting agency,” states the lawsuit.
In his lawsuit, Ellis argues that Swift should have let him know within three business days of denying him a job that their decision was based on the background check and that he should have been given HireRight’s contact information for a free report. Ellis also argues that Swift was not authorized to view the report.
This is the second lawsuit brought against Swift for violating the FCRA by not disclosing to job applicants that they have the right to view and address incorrect or incomplete records. Although Ellis’ complaint does not say what information was on the background check or whether the information was correct, a 2011 lawsuit against Swift said that Swift purchased a background check on then plaintiff Robert Bell Jr. that claimed he had been convicted of felonies and served a 10-year prison sentence. The complaint said that none of the crimes were committed by Bell. The lawsuit was subsequently dismissed over improper court filings.
The FCRA laws allows for plaintiffs to receive punitive and statutory damages, attorney’s fees, and costs for any willful violations of its provisions.
Tags: background check
, Swift Transportation