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

Business Central Mobile Apps Transform Operations On-the-Go

In an era where business agility defines success, the ability to manage operations from any location has become a critical advantage for companies striving to stay ahead of the curve, and Microsoft Dynamics 365 Business Central mobile apps are at the forefront of this shift. These apps redefine how organizations handle essential tasks like finance, sales, and inventory management by

Transparency Key to Solving D365 Pricing Challenges

Understanding the Dynamics 365 Landscape Imagine a business world where operational efficiency hinges on a single, powerful tool, yet many enterprises struggle to harness its full potential due to unforeseen hurdles. Microsoft Dynamics 365 (D365), a leading enterprise resource planning (ERP) and customer relationship management (CRM) solution, stands as a cornerstone for medium to large organizations aiming to integrate and

Generative AI Transforms Finance with Automation and Strategy

This how-to guide aims to equip finance professionals, particularly chief financial officers (CFOs) and their teams, with actionable insights on leveraging generative AI to revolutionize their operations. By following the steps outlined, readers will learn how to automate routine tasks, enhance strategic decision-making, and position their organizations for competitive advantage in a rapidly evolving industry. The purpose of this guide

Why Is Employee Career Development a Business Imperative?

Setting the Stage for a Critical Business Priority Imagine a workplace where top talent consistently leaves for better opportunities, costing millions in turnover while productivity stagnates due to outdated skills. This scenario is not a distant possibility but a reality for many organizations that overlook employee career development. In an era of rapid technological change and fierce competition for skilled

Creating Safe Spaces for Workplace Questions and Curiosity

What happens when a brilliant idea dies in a meeting room because someone feared asking a simple question? In numerous workplaces today, the relentless drive for efficiency often drowns out curiosity, leaving valuable insights unspoken and costing organizations more than just time by stifling innovation and eroding trust among teams. Picture a scenario where an employee hesitates to clarify a