Another company is the target of a lawsuit over the failure to properly disclose their use of background screening during the application process. Tyson Foods was recently hit with a class action lawsuit claiming the company violated federal law by not using a standalone document to notify applicants that a third party provider would conduct background checks.
Instead of using a standalone document, the lawsuit claims that Tyson Foods simply folded that disclosure within the application. Language within the lawsuit claimed “In order for consumers to exercise their statutory right to obtain a copy of their consumer reports and to correct information in those reports, it is necessary that consumers are aware a report is going to be procured and used”.
This is a great example that companies must follow the letter of the law in order to avoid possible litigation. A simple disclosure within the application is not enough any longer. Do everything reasonable to make it clear to the applicant that a background screening will take place during the hiring process.
Companies should conduct a periodic review of all their procedures and documents to insure they remain compliant with all applicable federal, state, and local laws. If you have any questions consult an attorney who specializes in employment law.
Visit our compliance page to learn more about the FCRA and all applicable laws.
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Here is a link to a story on the subject:
Tyson Foods hit with class action over application process