Home Depot Performed Unauthorized Background Check, Employee Alleges in Class Action

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A proposed class action alleges that Home Depot U.S.A., Inc. performed an unauthorized background check on an employee after presenting the man with an improper consent form.

According to the case, the plaintiff did not understand the form he signed when he agreed to a background check during his application process. The suit argues the authorization form failed to adhere to Fair Credit Reporting Act (FCRA) requirements in that mandatory disclosures concerning the man’s rights were not included in a stand-alone document, nor was the form was clearly written. The FCRA disclosure supposedly stated that “Home Depot or an outside consumer reporting agency” would furnish the plaintiff’s background report, which the lawsuit says confused the man as to which party would secure his information and make hiring decisions. Additionally, the form contained extraneous information, the suit says, such as a link to a LexisNexis Privacy Facts page that contained irrelevant information.

“Defendant’s FCRA form is unclear because it combines both federal and inapplicable, out-of-state disclosures, creating confusion about what rights are applicable,” the lawsuit states.