NASHVILLE, Tenn. (Legal Newsline) – A class action lawsuit against a food distributor claims the business violated federal law on its application forms for new employees.
Mosa Gabra, Samea Gabra, Nashat Ayoud and Kelly Bowlds filed the lawsuit on March 10 against Tyson Foods alleging the company didn’t inform applicants it would use information from third-party reports to conduct background checks during the hiring process.
McGillivary
The lawsuit claims Tyson violated the Fair Credit Reporting Act by not clearly telling potential employees it would obtain information about them from outside sources.
“FCRA’s disclosure requirements are important because they enable employees to control and correct information collected about them by third parties,” the lawsuit said. “In order for consumers to exercise their statutory right to obtain a copy of their consumer reports and to correct information in those reports, it is necessary that consumers are aware a report is going to be procured and used.”
The lawsuit claims FCRA requires a “stand-alone disclosure” when looking at consumer reporting agencies’ information on applicants. However, the application provided to the plaintiffs,which stated employment was contingent upon background check reports, wasn’t a standalone document, but a part of the entire application.
The lawsuit seeks class status and an unspecified amount of damages plus court costs. The plaintiffs are represented by Charles P. Yezbak III of Yezback Law Offices in Nashville, Tenn., and Gregory K. McGillivary, Molly A. Elkin and Robin S. Burroughs of Woodley & McGillivary, LLP in Washington, D.C.
United States District Court for the Middle District of Tennessee case number 3:15-cv-00232.
