Lawsuit: Kroger Failed to Give Notice of Background Checks

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A proposed class action filed on behalf of individuals who applied for employment with the Kroger supermarket chain alleges the company violated the Fair Credit Reporting Act (FCRA). The 10-page suit claims The Kroger Co. unlawfully used consumer reports to take adverse action against proposed class members without first providing sufficient and timely notification, as well as a copy of the report and a summary of rights under the FCRA. By not providing proposed class members with appropriate notice, the defendant essentially left the individuals no meaningful opportunity to correct any errors before being subject to adverse employment action.

The plaintiff claims he was denied employment as a meat clerk at an Alabama Kroger’s store after multiple felony charges and convictions erroneously appeared on his report.