A Job Seeker Is Suing After An Electronic Background Check Falsely Claimed They Were A Drug Dealer

By Jasmine Browley ·Updated May 29, 2023

Being able to secure a job you’ve fought to get is one of the best feelings. Getting accused of a terrible crime you didn’t commit is the worst. In a weird turn of events for one job seeker, these two extremes intersected.

A recent lawsuit has been filed by a Connecticut resident against HR software provider ADP’s, background check subsidiary “ADP Crim Radar,” claiming the company infringed on the Fair Credit Reporting Act when it falsely flagged that he was a felon that sold drugs.

He ultimately lost his new job a a patient coordinator at a Connecticut dental practice. costing him a newly offered job.

In Ramos, III, v. ADP Screening and Selection Services, Inc., the complainant claims the third-party vendor ADP uses purported to check criminal records at a local courthouse but somehow managed to “find” conviction on his record that doesn’t exist.

According to HR Dive, despite Crim Radar finding no criminal records, the vendor claimed that the plaintiff had four criminal convictions, including a felony conviction for possession with intent to sell/dispense. The vendor also inaccurately claimed plaintiff’s birth date matched that of the individual in the courthouse records. Which was inaccurate according to the plaintiff.

After the dental practice received the results, they rescinded the offer, which was contingent on a background check.

In response, ADP said they are refuting the claims.

“At ADP, integrity and compliance is of utmost importance to us,” the company shared in a statement per HR Dive. “We have strong and proven procedures in place that comply with FCRA rules. This includes engaging public record researchers to obtain accessible records from the actual courts, to ensure that ADP Screening and Selection Services provides accurate and reliable background screening results to our clients. These vendors are required to follow specific procedures in the review of these records. We are disputing the allegations put forth in this complaint, however, as this is ongoing litigation, we cannot share additional details at this time.”

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