Publix Pegged with Class Action Over FCRA Problems

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Publix Super Markets, Inc., which operates the country’s largest supermarket chain, is the defendant in a proposed class action filed over alleged violations of the Fair Credit Reporting Act of 1970. The 12-page lawsuit alleges Publix unlawfully uses prospective employees’ background check information as a basis for adverse employment action, such as firing, reduction of hours, failure to hire or promote, or demotion, without first providing proposed class members with “a copy of the pertinent consumer report” and without “first providing them a reasonable opportunity to respond to the information in the report.”

The class proposed by the lawsuit includes all Publix employees and job applicants throughout the U.S. who were subject to adverse employment action based on information contained in their consumer reports within the last five years who were not provided proper notice as required by the FCRA.