Plaintiffs Ashleigh Wheeler, who was hired in 2013 as a cashier, and Jerah Brewster, who was hired in 2015 by the grocer as a pharmacy technician and later worked as a coffee shop attendant, filed the proposed class action lawsuit in New York federal court.
Wheeler and Brewster say they completed Wegmans’ standard electronic documents related to their employment which included an authorization to conduct a background check and a credit check.
However, the pair contend that Wegmans’ online authorization for a background check failed to properly disclose to them that the grocery chain would obtain consumer background reports.
According to the class action, Wegmans, “acted willfully and in deliberate or reckless disregard of its obligations and the rights of plaintiffs Wheeler, Brewster and other class members without making the required disclosure.”
Additionally, under the FCRA, job applicants have a right to obtain their consumer reports and to have errors in the reports corrected. But Wegmans’ background check authorization document allegedly failed to inform job applicants of this right.
Instead, the lawsuit states that the document contained wording that released Wegmans from all liabilities related to information found in the background check.
The authorization allegedly included the following language: “I hereby release Wegmans, my former employers, and all other persons or entities contacted by Wegmans from any and all claims, demands, or liabilities arising out of or in any way related to the release, disclosure, and use of such information.”
The Plaintiffs’ allege that the inclusion of this provision in the same document as the background authorization is a direct violation of the FCRA.
The pair claim they were misled about the nature and purpose of giving consent for the consumer background check and had their privacy subsequently invaded.
They are seeking to represent a nationwide Class of all Wegmans employees and job applicants who were the subjects of consumer reports obtained by the supermarket chain over the past five years.
The lawsuit is requesting not less than $100 but not more than $1,000 in compensation for each FCRA violation as well as punitive damages.
Over and over again we hear about class action lawsuits regarding FCRA violations. The FCRA is very clear. Organizations must ensure they are in compliance or risk being sued. Partnering with a reputable background screening company is one way of ensuring compliance. Contact CARCO Group to see how we can help – 1-866-557-5984.
Wheeler, et al. v. Wegmans Food Markets Inc., Case No. 6:16-cv-06825, in the U.S. District Court for the Western District of New York.