Employment related FCRA Claim against AMAZON

A class action filed against Amazon.com in a circuit court in Tampa, Florida alleges that Amazon wrongfully used consumer credit reports in hiring, firing and even for shift assignments for employees and prospective employees in the state of Florida.

The lead Plaintiff alleged that Amazon obtained his credit report without his permission and did not give him the ability to refute or clarify information in the report before it turned him down for a job in one of Amazon’s Florida warehouses.  According to the Plaintiff, by doing so, Amazon violated his rights under the Fair Credit Reporting Act (“the FCRA”) and manifests a pattern of systematic violations of other employees’ and job applicants’ rights under the FCRA.  Plaintiff also alleged that Amazon’s background check disclosure form, which contains a liability release, also violates the FCRA.

Plaintiff alleged that he was “given no pre-adverse notice whatsoever of the information contained in the consumer report upon which defendant based its decision" and that Amazon.com "did not provide plaintiff with a copy of the consumer report that it relied upon prior to defendant's adverse employment action.  As a result, in violation of the FCRA, plaintiff was deprived of any opportunity to review the information in the report and discuss it with defendant before he was denied employment."

As a best practice, employers should be aware of the requirements imposed by the FCRA and provide all applicable notices to employees or prospective employees as required.

For more information on the FCRA and its application in the employment law field, please contact Dana Perminas at 312-334-3474 or dperminas@messerstrickler.com for more information.