Publix settles background check class action

Posted on: January 15th, 2015 by Steve Larson

FTCPublix Supermarket agreed to settle allegations of violating the Fair Credit Reporting Act (FCRA), the law that requires that employers provide a disclosure to applicants prior to performing a background check.  The FCRA specifies that the disclosure is in writing and “in a document that consists solely of the disclosure.” 15 U.S.C. § 1681b(b)(2).

It was alleged that the background check disclosure forms used by Publix were not compliant with the FCRA since they included both a background check performance disclosure and a request that the applicant release the Publix from any liability in connection with the background check process.