Filed Date: June 9, 2015
Closed Date: 2015
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On June 9, 2015, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area filed this nationwide class action against the Hertz Corporation and Sterling Infosystems, Inc., on behalf of the plaintiff and all similarly situated applicants. The plaintiffs alleged that Hertz and Sterling systematically violated federal law based on the way they conducted criminal background checks of Hertz job applicants.
Under the Fair Credit Reporting Act (FCRA), employers must provide job applicants with a clear written disclosure in a standalone form and get job applicants' express written consent before conducting a background check. The FCRA also requires that, before denying or revoking a job offer based on background check results, employers must provide the applicant with a copy of the background check and a statement of rights under the FCRA, and give the applicant a reasonable amount of time to respond to the accuracy of the report. Hertz never provided the plaintiffs with a disclosure that it may obtain consumer reports and did not receive the plaintiffs' authorization for such reports.
The plaintiffs sought injunctive and declaratory relief, damages, and attorneys' fees on behalf of himself and others similarly situated. The parties apparently participated in a settlement discussion in June 2015, but we have no record of whether they reached a settlement. The case was voluntarily dismissed by the plaintiff on August 24, 2015.
Summary Authors
Sarah Prout (9/5/2015)
Anna Jones (10/11/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4181937/parties/lee-v-the-hertz-corporation/
Bartinik, Peter J. (California)
Alderdice, Jacob D. (California)
Amunson, Jessica Ring (California)
Barlaskar, Abe M. (California)
Bonilla, Ricardo Joel (California)
Bartinik, Peter J. (California)
Della-Piana, Elisa Marie (California)
Desautels, Meredith (California)
Drake, E. Michelle (California)
Eiland, Katrina L. (California)
Hashmall, Joseph C (California)
Lipsky, Douglas Brian (California)
Minsley, Morton Seth (California)
Alderdice, Jacob D. (California)
Amunson, Jessica Ring (California)
Barlaskar, Abe M. (California)
Bonilla, Ricardo Joel (California)
Conrad, David Brandon (California)
Cooper, Mary Quinn (California)
Dolinko, Robert A (California)
Downs, J. Anthony (California)
Fellner, Gary Michael (California)
Filipini, Mark Stephen (California)
Frankel, Matthew J. (California)
Gollwitzer, Arthur Gollwitzer (California)
Heinz, William D. (California)
Henderson, Joshua M. (California)
Keller, Kenneth E. (California)
Lee, Kenneth Kiyul (California)
Lichtman, Andrew J. (California)
Madden, Patrick M (California)
Mattieson, Chiara (California)
Reinfeld, Keith A. (California)
Richardson, Andrew L (California)
Schaefer, David R. (California)
Singer, Michelle R (California)
Stafford, Erin L. (California)
Steppick, Daniel C (California)
Tochner, Stuart Douglas (California)
Wang, James Youngkwang (California)
Werner, Michael Thomas (California)
See docket on RECAP: https://www.courtlistener.com/docket/4181937/lee-v-the-hertz-corporation/
Last updated Feb. 5, 2025, 10:02 p.m.
State / Territory: California
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: June 9, 2015
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is an African American man offered employment by Hertz. The offer was revoked after a credit history check which revealed a criminal charge against the plaintiff. The plaintiff alleges that the defendant violated the FCRA by failing to ask for permission to do the background check and by failing to give him notice and opportunity to correct any errors in the credit report.
Plaintiff Type(s):
Attorney Organizations:
Lawyers Comm. for Civil Rights Under Law
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Hertz Corporation, Private Entity/Person
Dollar Thrifty Automotive Group, Private Entity/Person
Sterling Backcheck, Private Entity/Person
Case Details
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Discrimination Area: