Fair Credit Reporting: SETPA Sued for Background Checks

Several news outlets, including the Philadelphia Business Journal, recently reported that SETPA was hit with a law suit claiming that it conducted improper criminal background checks on employment applicants and rejected applicants based on information in these background checks. This is a little understood area of Fair Credit Reporting.

The lawsuit alleges SEPTA did not comply with the Fair Credit Reporting Act, and that it failed to provide applicants with a so-called "clear and conspicuous" written disclosure, which is required and indicates the agency would be able to obtain a consumer report for employment purposes.

The lawsuit alleges SEPTA "routinely and systemically violates the FCRA stand-alone disclosure requirement."

The "stand-alone disclosure requirement" dictates that the written disclosure of the background check and authorization must be by itself on a single sheet of paper. Nothing else may be included on the sheet of paper.

As simple as compliance with the "stand-alone requirement" may sound the fact is that many employers still do not comply.

The simple fact is that knowledge is power and superior knowledge is an advantage. Employers have the power and the superior knowledge of the law and want to keep it that way.

The lawsuit also alleges SEPTA violated the state's Criminal History Record Information Act and that it disqualified job applicants with unrelated felony convictions from employment for SEPTA vehicle operation positions.

You need to know your rights. You need to take the initiative to learn and understand your rights. All that is necessary more often than not is simply calling a qualified attorney and speaking for 10-15 minutes.

Gain some knowledge. Gain some power. For yourself. For your family. And for your community.

You can see the full report in the Philadelphia Business Journal by pointing your browser here: http://www.bizjournals.com/philadelphia/news/2016/04/27/septa-reject-job-applicant-background-check-lawsui.html

If you are someone close to you has been the victim of Fair Credit Reporting abuse, then you ro they should contact a qualified attorney right away.

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