Skip to main content

Uber Sued By Driver Over Background Checks


Late last month, Abdul Mohamed, a driver for Uber, filed a class action suit and alleged that Uber ran background checks on applicants without their knowledge or authorization and used the information to make hiring decisions.  Also included in the suit was Uber's wholly owned subsidiary, Rasier LLC and the employment screening agnecy, Hirease LLC.  

Mohamed alleged that he went on Uber's website to apply for a different position within the company, as he was already a driver.  Part of the online application required Mohamed to complete a "FREE online background check."  Although the background check document included an authorization for Uber to access consumer reports, it allegedly did not conspicuously disclose in a separate document that the report may be used to make a hiring decision.  If true, this is a violation of the Fair Credit Reporting Act ("FCRA"). 

Once Mohamed completed the application, he was told he would need a new car for the position.  After he bought a car and had worked the new post for a short time, Mohamed got an e-mail that told him he could not have the job, a decision that was based in part upon information Uber obtained through a Consumer Reporting Agency.  Although the e-mail claimed Mohamed had already been given a copy of the consumer report, a description of his rights, and an opportunity to dispute the information in the report, Mohamed alleged he never received them. 

This will be an interesting case to keep an eye on, as Mohamed alleged that the defendants violated several federal and state laws when the background checks were used.


A copy of the complaint can be found here:  http://hr.cch.com/ELD/MohammedUberCompl.pdf

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...