Case Introduction
On June 9, 2015, Outten & Golden LLP and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed a nationwide class action against the Hertz Corporation and Sterling Infosystems, Inc., on behalf of plaintiff Peter Lee and all similarly situated applicants for employment with Hertz. The lawsuit alleges that Hertz and Sterling systematically violated federal law in the way they conducted criminal background checks of Hertz job applicants.
Under the Fair Credit Reporting Act (FCRA), employers must provide job applicants with a clear written disclosure in a standalone form and get job applicants’ express written consent before conducting a background check. The FCRA also requires that, before denying or revoking a job offer based on background check results, employers must provide the applicant with a copy of the background check and a statement of rights under the FCRA, and give the applicant a reasonable amount of time to respond. The lawsuit alleges that Hertz and Sterling have failed to comply with the FCRA, which deprives Hertz job applicants of important protections meant to ensure that background checks are conducted in fair and accurate manner, and are used appropriately.
The case is “Lee v. The Hertz Corporation, et al.,” 15-cv-02545, in the U.S. District Court for the Northern District of California. To view a copy of the complaint, please click here.
Hertz job applicants who wish to report their experiences or learn more about the lawsuit may – Contact Us, call Katrina Eiland, attorney at Outten & Golden, at (415) 638-8800, or email keiland@outtengolden.com.