The Middlesex Corporation Pegged with FCRA Class Action

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From Florida federal court comes a proposed class action that claims The Middlesex Corporation violated the terms of the Fair Credit Reporting Act (FCRA). The defendant—which the lawsuit describes as a company that specializes in highway, bridge, marine, and transit construction in the Northeast and Southeast—allegedly routinely obtains and uses consumer reports to conduct background checks on prospective and current employees. The lawsuit claims the defendant violates the FCRA when it uses this information as a basis for taking adverse employment action—termination, reduction of hours, demotion, failure to hire—without first providing notice, a copy of the pertinent report, and a “reasonable opportunity to respond to the information.”

The plaintiff claims he applied for and was offered a job as a construction worker with the defendants, pending the completion of a background check. In November 2016, the defendant allegedly fired the man without providing pre-adverse notice of the information in his consumer report.