Rite Aid Seeks Dismissal of Job Applicant Background Check Class Action

Last month, Rite Aid filed a motion to dismiss a proposed Fair Credit Reporting Act (FCRA) class-action in the District Court for the Eastern District of Pennsylvania. The complaint states that the business violated the FCRA by failing to allow job applicants to challenge inaccurate or misleading reports after they were rejected for employment. Rite Aid, however, claims the case should be dismissed since the Plaintiff, Kyra Moore, already settled claims with the background screening company. Prior to applying for a position with Rite Aid, Moore was dismissed from her job at CVS when a loss prevention officer confronted her about missing store stock. When she applied for a job with Rite Aid, background screening was performed by Lexus Nexus, which revealed a statement signed by Moore, regarding the theft at CVS. A copy of that statement was not provided to the Plaintiff. Moore already has filed two class actions and an Equal Employment Opportunity Commission proceeding, claiming that Lexus Nexus acted as Rite Aid’s agent for purposes of the FCRA.

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