A Florida federal judge on Monday refused to dismiss a proposed class action accusing Whole Foods Market Group Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document.
Named plaintiff Colin Speer claims the supermarket includes a waiver and release of liability in a disclosure that a consumer report may be obtained for employment purposes, but that the practice violates the FCRA. Employers seeking to run background checks must disclose their intentions to their prospective or current employees in a document that consists solely of the disclosure under the statute, according to the Speer.
But Whole Foods sought to dismiss the suit, arguing that Speer’s own exhibits shows that it gives its workers two separate forms, one with the disclosure and another with the liability release. U.S. District Judge Richard A. Lazzara, however, held he was bound by the facts alleged in the complaint, which claimed the forms should be considered one document because they were read and signed at the same time.