In Singleton v. Domino’s Pizza, LLC, a case filed in Maryland, the parties recently submitted to the court a motion for preliminary approval of a proposed class action settlement in the amount of $2.5 million dollars. Plaintiffs Adrian Singleton and Justin D’Heilly sued on behalf of Domino’s employees and prospective employees. They claimed that Domino’s willfully violated the FCRA by taking adverse employment actions against employees and prospective employees without first providing them a copy of their background check reports and a reasonable opportunity to respond to any inaccuracies in the reports. The plaintiffs also claimed that the forms that Domino’s required employees to sign to give permission for the background checks did not meet the requirements of the FCRA because, among other things, the form was part of an employment application form instead of it being a “stand alone” document.
What triggered the suit was that D’Heilly had worked for Domino’s for almost a year without any incident when the store stopped scheduling him for work and subsequently fired him because “something had come up on a background check relating to his motor vehicle history”. Domino’s did not give him any more information, and never provided him with a copy of the background check report that contained the “motor vehicle history”. If those facts had been proven at trial, then they would have constituted violations of the FCRA.
We wish the attorneys At Nichols Kaster luck in getting final approval of the settlement. See http://www.nka.com/case/domino%E2%80%99s-pizza-fair-credit-reporting-act/
For our readers who are employees and want to learn more about their employee rights under the FCRA, we recommend the Federal Trade Commission’s site at http://www.consumer.ftc.gov/articles/0157-employment-background-checks