ORLANDO, FLORIDA (09/02/15) – As announced by Law360, Eufemio Mendez has filed a class action lawsuit today against Orlando’s Universal Studios (“Universal”) claiming that Universal routinely violates the Fair Credit Reporting Act (“FCRA”) by secretly running credit reports on employees and applicants and using the reports to make employment decisions that may be adverse to the applicant or current employee. Mendez alleged that the theme park used an illegally obtained consumer report to decide to exclude him as a job applicant.
The lawsuit contends that Universal also violates the FCRA by not disclosing the use of consumer reports to job seekers regarding “failure to hire” decisions. Universal is also accused of improperly obtaining and using consumer reports on existing employees when making decisions against them in terms of adverse employment actions: changes in title or position, failing to promote, demotions, reduction of hours, and termination.
The FCRA violations that Universal is accused of include:
Not providing a disclosure as a stand-alone document that notifies applicants and employees before actually running a credit report that Universal is planning to run a credit report on such applicant in order to make employment decisions.
Not providing access to a duplicate of the obtained consumer report so that the job seeker or employee is able to correct it, if necessary, before Universal makes an employment decision based on it.
The lawsuit seeks to represent 2 classes:
- People who had an unfavorable employment action which stemmed from Universal’s illegal consumer reporting policies within the last 5 years, and
- People Universal illegally ran consumer reports on in the past 5 years.
Thousands of people who dealt with Universal on an employment basis are estimated as being eligible for class membership.
At this time, the lawsuit is seeking legal costs, a jury trial, and punitive and statuary damages.
If feel that you suffered an adverse employment action, such as not being hired, a failure to promote, a reduction in hours, a change in position or title, or termination from employment, and you think it had something to do with the employer violating FCRA law regarding fair use of consumer reports in employment decisions, you should seek a consultation with an attorney whose practice includes employment law and who has good knowledge of the FCRA and how it can and cannot be used in order to make decisions on employment.
If you are refused a job or fired and you feel something is not quite right about it, seek out an attorney who will help you to confirm or deny your suspicions, and, if warranted, represent you to correct the situation.