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Wednesday, April 21, 2021

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Waffle House Faces Lawsuit for Alleged Noncompliant Background Check

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Conducting background screening through a reputable background screening company not only helps ensure organizations hire the right candidate for the job, it can also keep businesses out of legal trouble. When companies venture through the screening process on their own, they may inadvertently violate FCRA regulations.

FCRA Violation

William Jones, a man who applied to but did not receive a job at Waffle House, filed a class-action lawsuit against the major restaurant chain in October 2015. According to Courthouse News Service, Jones applied for a position at the chain's Ormond Beach, Florida location in 2014. Jones alleges that Waffle House obtained background information on him and used that knowledge to make its hiring decision without ensuring the facts were accurate. If this claim is found true, Waffle House may be in violation of the Fair Credit Reporting Act, which requires employers to provide notice to the applicant of an adverse decision and issue a copy of the report or information about the consumer reporting agency that was used.

After Jones filed suit, Waffle House lawyers worked to have the case thrown out, claiming that proof that the restaurant chain looked up information on Jones through a public records website was non-existent. Because of this, Waffle House argued, Jones could not prove "injury-in-fact, causation, or redressability."

However, in June 2016, U.S. District Judge Roy Dalton, Jr. threw out Waffle House's motion. Judge Dalton's reasoning was that all cases regarding violation of the FCRA must be heard and that lack of subject matter is not a valid reason for dismissing a case.

Selecting the Right Partner

Background screenings are meant to help - not hurt - a business. That's why it is vital for companies to work with a reputable third party when conducting employee background screenings. Organizations like OPENonline can provide businesses with comprehensive employment screening solutions that are state and federal compliant. Plus, OPENonline offers important education about obtaining consent and following proper adverse action processes. OPENonline expertise guides companies through the screening process, optimizing cost effectiveness and efficiency.

OPENonline offers more than just accuracy and compliance. Our suite of products and superb customer service gives you the flexibility, efficiency and ease of use you need. For more information on consumer rights and laws, please visit our website.

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