Written By ESR News Blog Editor Thomas Ahearn
A class action lawsuit filed in a federal court in Philadelphia claims that the Southeastern Pennsylvania Transportation Authority (SEPTA) “willfully” violated the federal Fair Credit Reporting Act (FCRA) and state laws when conducting criminal background checks on job applicants, according to a press release from Outten & Golden LLP and a coalition of legal advocates.
The complaint alleges that SEPTA violated the federal FCRA during procurement of background checks for employment purposes by failing to provide job applicants with a required “clear and conspicuous” or “stand alone” written disclosure that SEPTA may obtain background checks to ensure accuracy and prevent job applicants from being distracted by unrelated information.
Along with alleged FCRA violations, the complaint also claims SEPTA – the nation’s sixth-largest public transportation system – routinely violated the Pennsylvania state law Criminal History Record Information Act (CHRIA) by disqualifying job applicants with unrelated felony convictions from employment involving operation of SEPTA vehicles, according to the Outten & Golden LLP press release.
The lead plaintiff in the lawsuit, Frank Long, is a commercially licensed bus driver who was offered a position as a SEPTA bus operator in October 2014 that was subsequently rescinded after a criminal background check revealed he was convicted of a drug related felony over 20 years ago. More information is available at http://www.septaconvictiondiscrimination.com/.
The FCRA class action lawsuit is Frank Long v. Southeastern Pennsylvania Transportation Authority, No. 2:16-cv-01991-PBT, in the U.S. District Court, Eastern District of Pennsylvania. The press release is available at http://www.prnewswire.com/news-releases/septa-background-checks-violate-federal-and-state-laws-according-to-outten–golden-llp-and-co-counsel-300258553.html.
ESR Whitepaper on Ways Employees Sue Employers Under FCRA
Due to the rising trend of class action lawsuits filed for alleged FCRA violations, Employment Screening Resources® (ESR) has released a complimentary whitepaper entitled “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” that is available at http://www.esrcheck.com/Whitepapers/Ways-Employees-Sue-Employers-Under-FCRA/.
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