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A woman applied for a nursing job in Booneville, Indiana, but was turned down. When she found out why, she initiated a class action lawsuit.

Unexpected Background Check Results

Michele Petry is a Nurse who hoped to work at Cathedral Health Care Centers. Her interview went well. She was given a provisional job offer, pending the results of a background investigation. Petry waited for the final decision and it was not what she expected. Employment was denied. The reason provided was that her background investigation uncovered multiple felonies.

According to Petry, her record is clean. Her background report, however, showed crimes such as theft and possession of drug paraphernalia. A representative of Cathedral Health Care Centers told her she was not eligible for hire. Petry claims she never received a copy of her report and company that compiled it has not been identified.

The Lawsuit

Petry launched a class action lawsuit again Cathedral Health Care Centers. It alleged that she was wrongfully denied employment and did not have an opportunity to review her report before an adverse action was taken. This goes against FCRA regulations.

The details of the lawsuit are not known to us at this time, but class action suits can be costly and time consuming. This case will be reviewed at a U.S. District Court in Indiana, where they will make a decision about her allegations.

How Could a Background Check Include Incorrect Information?

There are various ways that a background check could include erroneous information. A Social Security Number could be entered incorrectly, so the report would contain results for the wrong person. In some cases, more than one person might be connected to the same Social Security Number. This is rare, but can happen when people apply for joint credit.

It's also possible for a background check to contain information that is correct but not meant to be available to the public. This can happen if the person conducting an investigation does not follow due diligence and confirm that the records included on a background check are current and reportable.

At Backgrounds Online, we have a team of specialists who take extra efforts to ensure that every background check provides information about the right person. We also have security checks in place to make sure our reports only include valid, authenticated records that are publicly available.

Protecting Your Business

One of the best ways to protect your business is to work with an NAPBS Accredited Consumer Reporting Agency. Backgrounds Online is proud to be accredited, and every member of our team who participates in the screening process has their FCRA certification. We go the extra mile to help protect you.

It's equally important to follow the adverse action procedure that was established by the FCRA. This involves issuing pre-adverse notices; giving people a copy of their report and time to review; establishing a dispute process; and, when applicable, providing a final adverse notification.

Every Backgrounds Online customer has free access to sample pre-adverse and adverse action letters. They are available within your Resource Center. Use them and follow FCRA guidelines throughout the screening process.

The team at Backgrounds Online is happy to answer questions about adverse actions or any other aspect of the screening process. If you need assistance, please contact us.