Home Depot has been slapped with a class action lawsuit for violating the Fair Credit Reporting Act (FCRA), for allegedly failing to properly inform job applicants that adverse action was taken due to the results of a background check. The lawsuit was filed in Georgia District Court (N.D. Ga. Case No. 1:14-cv-02123, Henderson v. the Home Depot).
According to the complaint, plaintiff Trent Henderson submitted an online application via the Home Depot website for a position with the company in Houston, Texas. After consenting to a background check by clicking on an “I Agree” button, Home Depot scheduled an interview and a drug test was performed on Mr. Henderson. Home Depot then performed the rest of the background check and decided not to hire Mr. Henderson due to the findings. The company failed to formally inform Mr. Henderson in writing, and more importantly failed to provide Mr. Henderson with a copy of the report that had been performed on him. If true, this would be a violation of the pre-adverse / adverse action process set forth in the Fair Credit Reporting Act. Furthermore, the plaintiff is seeking class certification for all consumers who applied for employment with the Home Depot on or after July 3, 2013.