The Plaintiff - Dariu Kirk - applied for a position with ACL in March 2023 and shortly thereafter was offered the job. According to the complaint, securing the position was contingent on Plaintiff successfully passing the pre-employment background check process and drug test. ACL screened the Plaintiff with the support of their third party consumer reporting agency ("CRA").

A week after applying for the job, Plaintiff was informed that upon review of his background check results, ACL would be pursuing another candidate. The complaint cites that "at that point, [ACL] had not yet provided Plaintiff with both a copy of the consumer report and a description, in writing, of his rights under the FCRA, as required by statute."

Plaintiff contends that CRA's background check was incomplete, failing to indicate that Plaintiff received a pardon in February 2022 for robbery crimes reported.

Plaintiff alleges that he asked ACL why the offer was revoked and also asked for a copy of the background check results. Receiving no response from ACL for two days, Kirk contacted Sterling directly and was provided a copy of the background check. Plaintiff alleges this was the first opportunity he had to review the inaccurate information in the report.

The proposed class action includes individuals who:

• applied for a position with ACL in the last five years;
• were subject to a report for employment purposes;
• were the subject of an adverse employment action by ACL; and
• did not receive a copy of the report and/or a written summary of rights prior to the adverse action.

Employers are encouraged to review their FCRA compliance/processes for adverse action. For BIG clients that have questions about the adverse action process, please contact your account management team.

Posted: August 15, 2023