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

Agentic AI Redefines the Software Development Lifecycle

The quiet hum of servers executing tasks once performed by entire teams of developers now underpins the modern software engineering landscape, signaling a fundamental and irreversible shift in how digital products are conceived and built. The emergence of Agentic AI Workflows represents a significant advancement in the software development sector, moving far beyond the simple code-completion tools of the past.

Is AI Creating a Hidden DevOps Crisis?

The sophisticated artificial intelligence that powers real-time recommendations and autonomous systems is placing an unprecedented strain on the very DevOps foundations built to support it, revealing a silent but escalating crisis. As organizations race to deploy increasingly complex AI and machine learning models, they are discovering that the conventional, component-focused practices that served them well in the past are fundamentally

Agentic AI in Banking – Review

The vast majority of a bank’s operational costs are hidden within complex, multi-step workflows that have long resisted traditional automation efforts, a challenge now being met by a new generation of intelligent systems. Agentic and multiagent Artificial Intelligence represent a significant advancement in the banking sector, poised to fundamentally reshape operations. This review will explore the evolution of this technology,

Cooling Job Market Requires a New Talent Strategy

The once-frenzied rhythm of the American job market has slowed to a quiet, steady hum, signaling a profound and lasting transformation that demands an entirely new approach to organizational leadership and talent management. For human resources leaders accustomed to the high-stakes war for talent, the current landscape presents a different, more subtle challenge. The cooldown is not a momentary pause

What If You Hired for Potential, Not Pedigree?

In an increasingly dynamic business landscape, the long-standing practice of using traditional credentials like university degrees and linear career histories as primary hiring benchmarks is proving to be a fundamentally flawed predictor of job success. A more powerful and predictive model is rapidly gaining momentum, one that shifts the focus from a candidate’s past pedigree to their present capabilities and