Waffle House Faces Class Action Lawsuit

Background screening can be a valuable tool for any employer. It can assist in indentifying qualified applicants, as well as protect organizations and their employees from individuals with criminal histories who pose an unnecessary risk. 

But employers must remember that part of protecting your organization includes running your background screening program in a way that follows all federal, state, and local laws. Companies that don’t follow these laws or EEOC best practices may find themselves the target of a lawsuit. Waffle House is one such company. 

A class action lawsuit was filed on October 1, 2015 alleging that Waffle House violated the Fair Credit Reporting Act (FCRA) when it denied a man employment. According to the lawsuit, Waffle House failed to do any of the following: 

     • Provide a “clear and conspicuous” stand-alone disclosure form notifying the applicant that a background check would be conducted.

     • Provide a pre-adverse action letter meant to notify the applicant of the background check results, and give the applicant an opportunity to correct any inaccuracies.

     • Provide a separate post-adverse action letter notifying him of a denial of employment. 

Don’t allow yourself to become a target for litigation. Understand the responsibilities that come with maintaining a background screening program. A background screening program is only a valuable tool unless all laws and regulations are followed. 

Visit our resource page for information regarding training, legislative updates, forms & downloads, compliance and FAQ’s. 

Here is a link to a story on the subject:

Waffle House faces lawsuit over claims of unfair usages of background checks 

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