Lawsuit: Celadon Trucking Services Ignores FCRA During Driver Hiring Process

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An Illinois man alleges in a proposed class action that Celadon Trucking Services, Inc. and Celadon Group, Inc. fail to fulfill certain Fair Credit Reporting Act (FCRA) obligations throughout the process of hiring prospective drivers. The case claims the defendants, who, like many companies, utilize background reports as part of Celadon’s hiring process, fail to inform job applicants the company chooses not to hire of the name, address, and telephone number of the consumer reporting agency who produced their background check. Without this information, the case claims, an individual who is denied employment cannot, for instance, verify the accuracy of the information or address any errors, since he or she has effectively been denied a job based on a record of information he or she does not possess.  

Per the plaintiff, the lawsuit claims the defendants:

• Decided not to hire the man based on information contained in his background report produced by a third party;
• Failed to provide him with the name, address, and phone number of the third party that produced the relevant background report;
• Failed to inform him that the third party itself was not responsible for the decision not to hire him and cannot provide him reasons as to why he was not hired; and
• Failed to inform the man that he could have disputed the accuracy or completeness of information in his background check with the third-party company.