fbpx

Johnson & Johnson Background Check Unlawful Class Action Lawsuit

Jason Noye has filed a class action lawsuit in a Pennsylvania court against megacorporation Johnson & Johnson, which claims the health care company violated federal laws in their employee background check conduct. The suit also includes Kelly Services, Inc., the staffing agency through which Johnson & Johnson hired Noye as an Operations Supervisor. Both Kelly Services and Johnson & Johnson are accused of systematic violations of the Fair Credit Reporting Act. The FCRA is a federal law that regulates how consumer-reporting agencies use personal information.

In February 2015, Noye applied for the Johnson & Johnson Operations Supervisor position through Kelly Services. Two days after he was offered the job, he was presented with a disclosure form that he signed. The form was for the purpose of Johnson & Johnson obtaining a background report on Noye. However, according to the lawsuit, the form was not consistent with the requirements of the FCRA. Kelly Services used a standardized form that unlawfully included distracting and unclear language, instead of one that simply states that a consumer report may be obtained for employment purposes.

In addition to the violation of the form itself, the lawsuit contends Johnson & Johnson and Kelly Services failed to provide Noye a copy of the background check results and a written summary of his rights under the FCRA. Not providing these materials to the employer is another violation of the law. The criminal background check and summary of rights must be provided to the individual before the employer declines, withdraws, or terminates employment due to the contents of the report.

The purpose of providing the results is so the employee has the opportunity to correct any errors and to be aware of who is conducting the check. Essentially, the FCRA is designed to provide individuals who have inaccurate evidence used against them the time and methods of correcting the information.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Johnson & Johnson Background Check Unlawful, Complaint Says

December 10, 2015

This is the complaint for a class action lawsuit which claims Johnson & Johnson violated federal laws in their employee background check conduct. 

johnson_johnson_fcra_complaint-2.pdf

Case Event History

Johnson & Johnson Background Check Unlawful, Complaint Says

December 10, 2015

This is the complaint for a class action lawsuit which claims Johnson & Johnson violated federal laws in their employee background check conduct. 

johnson_johnson_fcra_complaint-2.pdf
Tags: Background Reports, Credit Reports, Unfair Services, Your Privacy