Orlando, FL: NBCUniversal Inc' theme park, Universal Studios Orlando, is facing an employment class action alleging the company does not properly disclose to job applicants and current employees that is uses credit reports to make employment decisions.
In the lawsuit, named plaintiff Eufemio Mendez, alleges he was denied employment based on a consumer report that was illegally procured and utilized, in violation of the Fair Credit Reporting Act (FCRA).
"Defendant routinely obtains and uses information in consumer reports to conduct background checks on prospective and existing employees, and frequently relies on such information, in whole or in part, as a basis for adverse employment action, such as termination, reduction of hours, change in position, failure to hire, and failure to promote,"the complaint states.
Specifically, the plaintiffs contend that Universal violates the FCRA because it fails to provide prospective and current employees with a copy of a document solely consisting of a disclosure that it may obtain a consumer report for employment purposes and failing to provide this disclosure prior to obtaining a copy of a person' report.
Further, the plaintiffs allege that Universal fails to provide a copy of the pertinent consumer report, giving them a reasonable opportunity to respond to and discuss the information prior to an adverse employment action. This is also a violation of the FCRA, according to the lawsuit.
The lawsuit states that despite the inclusion of a liability release within Universal' FCRA disclosure form in the job application, the release fails to meet the "longstanding regulatory guidance from the Federal Trade Commission."
The lawsuit seeks to certify two classes, one representing those who suffered an adverse employment action as a result of the alleged illegal practices within the past five years, and another for those who were the subject of a consumer report procured by Universal within the past five years. The potential number of plaintiffs could be in the thousands.
The proposed class is represented by Luis A. Cabassa and Brandon J. Hill of Wenzel Fenton Cabassa PA. The case is Mendez v. Universal City Development Partners, Ltd., case number 6:15-cv-01422, in the U.S. District Court for the Middle District of Florida.
