As of December 4th, we can add Whole Foods to the list of employers that have recently been sued under the FCRA for alleged violations regarding their background screening process.
The FCRA generally mandates prospective employers obtained a signed release with clear and conspicuous language. According to the lawsuit, Whole Foods is charged with violating this term of the statute by putting language that would release liability of the company for any possible violations of the FCRA. Because the disclosure form does not constitute language, “consisting solely of the disclosure,” the lawsuit was brought forward.
Whole Foods is not the first to be sued for this reason and different courts across the country and issued varying findings. Overall, alleged violations regarding this specific reason are being targeted ore and more by the EEOC.
Employer’s Investigative Services suggests not having any additional information in a background check disclosure form. If you have questions about which form to use, EIS has a form that is 50 state complaint or we would strongly suggest consulting your corporate attorney for clear legal assistance.
Feel free to give Employer’s Investigative Services a call to set up a free consultation about your background screening process at (866) 350-5638 or visitwww.eischecks.com for more information.