Staffing Companies Hit with Background Check Class Action Lawsuit

Lead plaintiff Michael Craig Mitchell alleges in his class action lawsuit against two Maryland staffing companies, Allegis Group Inc. and its operating company Aerotek Inc. He alleges Allegis and Aerotek violated the Federal Fair Credit Reporting Act (FCRA) when they used consumer reports and background checks to make employment decisions without sharing copies of the reports with employment candidates as well as written information about employees’ rights under FCRA.

Mitchell alleges that he was hired for a healthcare company through Aerotek. However, after working several weeks, the employment companies allegedly requested a consumer report and criminal history background check on him. The reports contained incorrect information, according to the FCRA class action lawsuit, including two felonies and three misdemeanors. Mitchell alleges that the employment agencies used this incorrect information to terminate his employment.

Mitchell further contends that he was not given a copy of his consumer report or background check until after his employment was terminated and that is when he found the inaccurate information. He claims he disputed the inaccurate criminal information, and it was corrected by the consumer reporting agency that sold the report to the employment companies.

Case information Mitchell v. Aerotek Inc., et al., Case No. 1:14-cv-03691, in the U.S. District Court for the District of Maryland.


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Posted Under: EBI

Post By Barry Nixon (262 Posts)

W. Barry Nixon is the COO, the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.

You can contact Barry at 1-949-770-5264 or online at