What is happening with Ban the Box?
An FCRA class action lawsuit has been filed against popular restaurant, Dave and Buster’s, for violating the Fair Credit Reporting Act (FCRA). Joseph Alvarez alleges that he applied for employment at the organization’s Orlando, FL location earlier this year.
Upon receiving the final results from the background check performed on Joseph Alvarez, Dave and Busters decided to terminate his employment. The issue with this is that Dave and Busters did not provide a copy of the report to Joseph Alvarez, which is in clear violation of the FCRA.
The law states that employers who decide to take adverse action based on the findings of an employment background check must provide a copy to the subject of the report in order to confirm the accuracy of the information reported. Joseph Alvarez’s class action includes all employees and job applicants that have had their employment affected negatively over the last five years and that were not provided the required FCRA disclosures, and seek statutory damages (which could be up to $1,000 per violation), plus punitive damages.
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