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ARTICLE · 03 NOVEMBER 2014

When Did You Last Update Your Background Check Materials? Maybe It’s Time

Bradley Arant Boult Cummings LLP
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Dollar General just agreed to pay $4 million to settle a class action background check case based on its alleged violations of the Fair Credit Reporting Act.

United StatesEmployment and HR
Anne Yuengert
Anne Yuengert

Dollar General just agreed to pay $4 million to settle a class action background check case based on its alleged violations of the Fair Credit Reporting Act (FCRA). Marcum v. Dolgencorp, Inc., Civil Action No. 3:12cv108 (E.D.Va.). That's right—$4 million for a FCRA case.

As you know, FCRA requires employers in the United States who use pre-employment background checks on candidates to:

  1. notify the candidate that you are going to do the background check and get his or her written permission before you do the background check, and
  2. notify the candidate that you are considering taking adverse action AND give the candidate a copy of the report and a statement of his or her rights under FCRA, before you make an adverse decision based on a background check.

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