Publication Date: February 18, 2016
A Fair Credit Reporting Act (FCRA) class-action lawsuit has been filed against Dave & Buster’s after an applicant, Joseph Alvarez, was denied a position with the restaurant chain based on the background check results.
Alvarez applied to the restaurant’s Orlando, Florida location to be a line cook, and and after being offered the job, was advised the offer for the position was withdrawn after receiving the background check report back with derogatory information.
The restaurant chain allegedly failed to provide Alvarez with a copy of his background check report, which is commonly known as pre-adverse action.
In addition to this claim, Alvarez stated the restaurant chain repeatedly “uses background checks for decisions in termination, reduction of hours, position changes, hiring and promotions,” which also violates the FCRA.
If you are unsure if your background checks are FCRA compliant, follow these four steps.