Lawsuit Claims J.B. Hunt Fired Workers Based on Background Reports Without Proper Notice [UPDATE]

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A proposed class action lawsuit alleges J.B. Hunt Transport Services, Inc. has unlawfully taken adverse action against certain workers based on the contents of their background reports without first providing certain required disclosures.

The 19-page case relays that the Fair Credit Reporting Act (FCRA) requires an employer who intends to take adverse action against a consumer—such as firing or refusing to hire them—based on the contents of a background report to first provide the individual with notice of the adverse action, a copy of the report and a summary of their FCRA rights.

According to the case, J.B. Hunt has failed to provide the required pre-adverse action notice to newly hired or potential employees prior to firing or refusing to hire them, and has thereby robbed the individuals of their right to challenge the accuracy of the information in their background reports.

“In negligent, reckless and willful disregard of the requirements of the FCRA, Defendant takes immediate adverse action against job applicants who have a disqualifying criminal record without providing them with a copy of the report, notice of potential adverse action and an opportunity to review and/or dispute the record,” the complaint attests.

The plaintiff in the suit is a West Collingswood City, New Jersey resident who says he applied and was hired for a driver position with J.B. Hunt around March 2022, pending the results of a background check. The lawsuit alleges J.B. Hunt, consistent with its hiring practices, purchased a background report about the plaintiff from background screening company Driver iQ. Per the case, while the plaintiff was training with another J.B. Hunt driver on March 18, he got a call from the company and was informed that he was being terminated.

After unsuccessfully attempting to discover the reason for his termination, the plaintiff was finally informed on April 14 that he had been fired because of an apparent felony criminal charge on his background report, the case says. 

According to the suit, the plaintiff finally received a copy of his background report in early May after filling out an authorization form and “repeatedly” sending it to J.B. Hunt. The suit says the criminal record on the plaintiff’s report was “completely inaccurate” and belonged to a different individual.

The man was nevertheless denied an opportunity to dispute the “flagrantly inaccurate” information in his background report as a result of the defendant’s FCRA violations, the case argues.

The lawsuit looks to cover employees or applicants for employment with J.B. Hunt who are U.S. residents and were the subject of a background report that was used by the company to make an adverse employment decision at any time within the past two years and through the resolution of this case and for whom the defendant failed to provide a copy of their consumer report or a summary of their FCRA rights at least five days before taking the adverse action.

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