Whole Foods Hit With Illegal Background Check Class Action

Colin Speer hit Whole Foods Market Group, Inc. with a class action lawsuit in a Florida federal court alleging that the grocery store chain performs illegal background checks on prospective and existing employees in violation of the Fair Credit Reporting Act. Speer claims that the company performed a background check on him and other employees and job applicants without following the guidelines laid out in the FCRA, he explains in his Whole Foods class action lawsuit filed on Dec. 4.

The class action lawsuit claims Whole Foods fail to disclose to its employees the intent to obtain a consumer report on them for employment purposes and also alleges that Whole Foods unlawfully inserted liability release provisions into forms purporting to grant [Whole Foods] authority to obtain and use consumer report information for employment purposes.”

Case – Colin Speer v. Whole Foods Market Group, Inc. filed in the U.S. District Court for the Middle District of Florida, Tampa Division.


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W. Barry Nixon is the COO, PreemploymentDirectory.com 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.

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