Sodexo Defends FCRA Class Action Alleging Failures In Hiring Process

Sodexo, Inc. was recently named as the defendant in a putative Fair Credit Reporting Act class action based on alleged improprieties in its hiring procedures.  The case, Piveronas v. Sodexo, Inc., was originally filed in the Court of Common Pleas of Allegheny County, Pennsylvania, and removed to the United States District Court for the Western District of Pennsylvania by Sodexo on April 7, 2017.   

The named plaintiff, Robert Pivoneras, alleges that Sodexo routinely violates the FCRA's mandate that employers provide consumers with a "clear and conspicuous" background check disclosure, consisting solely of the disclosure, before procuring a consumer report.  He also alleges Sodexo's disclosures conflate "consumer reports" and "investigative consumer reports" under the FCRA, thus erasing the statutory distinction between the two types of reports (and the attendant obligations on employers who procure one or both).