Job Seeker Sues ADP’s Background Screening Arm for Falsely Reporting Him as a Convicted Murderer

A Washington, D.C.-area job seeker has filed a lawsuit against ADP’s background screening arm, alleging a violation of the Fair Credit Reporting Act (FCRA). The plaintiff claims that the company inaccurately reported him as a convicted murderer to a prospective employer. This incident has raised concerns about the accuracy and reliability of background screening processes used by employment screening services.

Allegations of inaccurate reporting

According to the lawsuit, the defendant, SASS (ADP’s background screening arm), provided a report to an employer that included a criminal record seemingly listing the job seeker’s name as an alias for a convicted armed murderer. The report was sold to the employer without verifying the accuracy of the information.

Failure to conduct proper review

The lawsuit alleges that SASS failed to conduct even a cursory review of widely available public court records. Had they done so, they would have realized that the murder conviction belonged to another person entirely. This lack of thoroughness and verification potentially led to serious consequences for the job seeker.

Disputing the report

When the job seeker discovered the inaccurate report, he disputed the information and submitted his own findings to SASS. It was only after his intervention that SASS removed the wrongful criminal record. This incident raises questions about the effectiveness and reliability of SASS’s background screening procedures.

Violation of the Fair Credit Reporting Act

In his lawsuit, the job seeker alleges that SASS violated the FCRA by failing to use “reasonable procedures to assure the maximum possible accuracy of the information” provided to the employer. The FCRA mandates that consumer reporting agencies ensure the accuracy and fairness of the information in their reports. The lawsuit seeks appropriate remedies for the damages suffered by the plaintiff.

Previous class action settlement

This is not the first time ADP and SASS have faced legal action for inaccurate reporting. Last year, ADP settled a proposed class action in which SASS incorrectly reported an individual as a convicted drug dealer. These repeated incidents highlight potential issues with SASS’s background screening practices and call into question their reliability as a service provider.

Lack of further investigation

One of the critical allegations in the current lawsuit is that SASS did not conduct sufficient further investigations to confirm whether the job seeker and the individual named in the court record were the same person. This failure to dig deeper and ensure accuracy raises concerns about the thoroughness of SASS’s background screening process.

Employers’ Rights and Obligations

It is essential to note that employers have the right to inquire about the backgrounds of job applicants or employees. However, they must comply with federal and state anti-discrimination laws when using background information to make employment decisions. The Federal Trade Commission emphasizes the need for employers to exercise caution and follow the guidelines to preserve the rights and reputations of individuals.

Impact on the job seeker

The consequences of this inaccurate reporting have been significant for the job seeker. The fear of losing a well-paying job and the false representation as a murderer have caused the plaintiff immense stress, anxiety, and fear of damage to his reputation. This incident underscores the potential harm that can arise from incorrect background screening reports and the need for accurate procedures to protect the rights of job seekers.

The lawsuit against ADP’s background screening arm, SASS, highlights the importance of accurate reporting and thorough verification processes in background screening. The allegations made by the job seeker, coupled with a previous class action settlement, raise concerns about the reliability of SASS’s procedures. It is crucial for employers to exercise prudence when using background information to avoid such incidents and comply with anti-discrimination laws to ensure fairness in their employment decisions. As this lawsuit progresses, the outcome will shed light on the responsibility of background screening service providers to maintain the integrity and accuracy of the information they provide to employers.

Explore more

How Does D365 Revolutionize Telecom Procurement Efficiency?

Dominic Jainy, an IT professional renowned for his expertise in artificial intelligence, machine learning, and blockchain, explores the intersection of technology and industry-specific challenges. Today, we focus on his insights into optimizing procurement within the telecommunications sector using Microsoft Dynamics 365 Finance and Supply Chain Management (D365 F&SCM). Dominic delves into the impact of procurement on service uptime, the intricacies

Traditional ERP Systems vs. Microsoft Dynamics 365: A Comparative Analysis

In today’s fast-paced business environment, choosing the right Enterprise Resource Planning (ERP) system can significantly impact a company’s efficiency and growth trajectory. Traditional ERP systems have long been the backbone of organizational operations, yet modern alternatives like Microsoft Dynamics 365 are reshaping the landscape. This article delves into the advantages and disadvantages of traditional ERP systems versus Microsoft Dynamics 365,

How Does Insight Works Drive Global Expansion with Tech Partners?

In the dynamic landscape of business operations technology, Insight Works is setting a new benchmark by significantly expanding its global footprint through its strategic partnership expansion. By integrating 15 new Microsoft Partners specializing in manufacturing and distribution apps tailored for Microsoft Dynamics 365 Business Central, Insight Works enhances support and optimizes business solutions across key global regions. This initiative highlights

Manufacturing Costing in Dynamics 365 – Review

In the ever-evolving landscape of manufacturing, executing precise inventory evaluation is crucial to determining a business’s success. With the launch of Dynamics 365 Business Central, Microsoft has introduced a pivotal change in how manufacturers address costing complexities. This technology is not just enhancing efficiency, but also reshaping the broader enterprise resource planning (ERP) framework. The focus of this analysis is

How Can Brands Transform User Content Into Marketing Gold?

In a world where customers’ voices echo across digital platforms, brands continuously search for ways to harness these conversations to their advantage. Imagine this: a seemingly ordinary post by a customer goes viral, driving sales, enhancing brand image, and building trust. This scenario is no longer mere fiction as User-Generated Content (UGC) reshapes marketing strategies, proving its unparalleled power in