Robert Half International Facing FCRA Class Action

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Human resources consulting firm Robert Half International (RHI) has been hit with a class action in California alleging the company violated the Fair Credit Reporting Act (FCRA). The plaintiff claims RHI has wrongfully denied job applicants employment without first providing the proper FCRA-mandated notice as to why the “adverse action” was taken. This notice, which must be sent to individuals who were denied work due to the results of their background checks, must include both “the consumer report upon which the decision is based” and a summary of the consumer’s rights under the FCRA.

According to the plaintiff, RHI informed him that he was denied a position due to a disqualifying felony record included on his background report, which, the complaint says, turned out to be erroneously included. Although he claims he received a “pre-adverse action” letter from RHI, the plaintiff says the negative decision regarding his job placement status had already been made and that this was communicated to his prospective employer before he was properly notified.