In today’s hiring landscape, compliance with the Fair Credit Reporting Act (FCRA) when utilizing background checks is a fundamental responsibility for employers. The 2017 case of Wills v. Starbucks Corp., filed in the U.S. District Court for the Northern District of Georgia, serves as a cautionary tale for employers utilizing background checks for employment decisions. This lawsuit underscores the importance of maintaining rigorous adherence to FCRA guidelines, particularly regarding pre-adverse and adverse action processes.
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The Wills v. Starbucks Corp. Case in Context
Kevin Wills, the plaintiff, was preliminarily hired by Starbucks pending a background check that met the company’s requirements. Starbucks obtained a background check on Wills that stated Kevin Willis had twice been convicted of domestic violence. Kevin Wills had never utilized that name, been a resident in Minnesota or been convicted of domestic violence. Starbucks background reporting company erroneously reported the information on the plaintiff’s background check. Due to this error, Starbucks withdrew the employment offer from the plaintiff prior to providing the plaintiff a copy of the background check report or providing a pre-adverse notice.
The plaintiff claimed that Starbucks improperly denied him employment after reviewing his background check, without following the FCRA-mandated adverse action process. Specifically, Wills alleged that Starbucks did not provide him with a pre-adverse action notice, a copy of his consumer report or a summary of his rights under the FCRA—critical steps designed to protect job applicants from the impact of potentially inaccurate or misleading background checks.
The failure to provide this information not only violates federal law but also undermines the candidate’s ability to contest inaccuracies. These notifications are essential to allow individuals the opportunity to review and dispute inaccurate or misleading information in their records.
While Starbucks argued that its practices were compliant, the case resulted in a settlement exceeding $1.3 million. This included compensation for class members who experienced similar treatment, highlighting the potential financial and reputational risks of non-compliance. The settlement covered statutory damages for class members, legal fees and other costs, sending a clear message about the importance of transparency and fairness in the hiring process, as well as the importance of FCRA adverse action compliance.
For Starbucks and other organizations, the case serves as a wake-up call to audit hiring procedures and ensure compliance with federal and state regulations.
Key Takeaways for Employers
This case emphasizes the critical role of adverse action notices in FCRA compliance. Employers must ensure that:
Pre-Adverse Action Notices Are Sent: Before taking adverse action, such as denying employment, employers must provide candidates with a copy of the consumer report and a summary of their rights.
Applicants Are Given Time to Respond: Candidates should have an opportunity to address inaccuracies in their report before final decisions are made. This timeframe the employee has to respond can be dictated at the federal, state or municipal level depending on where the employer is located.
Final Adverse Action Notices Are Provided: If the adverse decision is upheld, a formal notice must be issued, including details about the consumer reporting agency and the individual’s rights to dispute the information.
Non-compliance with these steps can lead to significant legal exposure and damage to an organization’s reputation, as well as the potential for an adverse action lawsuit.
The Complexities of Adverse Action Across States
It’s important to note that while the FCRA provides federal guidelines, state laws can impose additional requirements. For example, some states have stricter timelines for providing notices or mandate other disclosures beyond what federal law requires. Employers must be aware of these variations to ensure full compliance across different jurisdictions.
Streamline Compliance with MyHRScreens
Tired of the hassle of organizing, printing and mailing pre-adverse and adverse action letters? Or worse, not providing these letters at all? Let Greenlight take the burden off your shoulders with a systematic solution that handles the adverse action process for you. MyHRScreens offers this comprehensive service for just $9.95 per adverse action, ensuring your organization remains compliant while saving time and effort.
By entrusting the adverse action process to MyHRScreens, you can navigate the complexities of compliance—federal and state—confidently and efficiently. Don’t let administrative challenges hinder your hiring process. Partner with MyHRScreens to streamline your adverse action process and keep your hiring practices on the right track. To learn more about partnering with MyHRScreens for the adverse action process, contact MyHRScreens at 866-899-8970 ext. 118, or klewis@myhrscreens.com. Or, schedule a convenient consultation below:
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