On February 7, 2014, a class action was filed in the California District Court against Whole Foods for alleged violations of the Fair Credit Reporting Act ("FCRA"). The complaint is based, in part on claims that Whole Foods used invalid authorization forms in the background screening process and ordered background checks on potential employees before obtaining valid authorization.
The class includes thousands of applicants who completed applications with Whole Foods between February 7, 2009 up to the present. Notably, if found to have violated the FCRA, Whole Foods could be subject to statutory violations between $100 and $1,000, per violation.
Special thanks to Angela Preston who also wrote on this topic and provided tips for employers to follow in order to comply with the FCRA. Her article can be found here: http://www.employeescreen.com/iqblog/whole-foods-hit-with-fcra-class-action-for-background-checks/
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