The lawsuit against Calvin Klein, Inc. and PVH Corporation
Calvin Klein, Inc and PVH Corporation were accused in 2016 of failing to adjust to federal laws when obtaining background checks from potential employees.
In this lawsuit and agreement was settled between the defendants and the plaintiff, paying the defendants $716,400 for conducting background checks in an inappropriate and inaccurate way.
As it was stated by the plaintiff, a managerial position was denied to him due to multiple felonies that showed up in the results of his background check, but the problem was that he was not the author of those felonies.
For this background check Calvin Klein, Inc. y PVH Corporation used the services of HireRight Solutions Inc., the enterprise that was pointed out in the lawsuit as the company that provided inaccurate results in the report made on Edward Snowden, which was hired by the NSA and later revealed secrets about the government’s surveillance program.
The FCRA clearly establishes that before any action is taken against an employment candidate, he/she needs to obtain a copy of the conducted background check or consumer’s report, so the person, if it is necessary, has the opportunity of defending himself/herself or requesting another background check or consumer’s report if the first one is not in accordance with reality.
The plaintiff, in this case, contacted himself HireRight Solutions Inc. and obtained from them some corrections in his results, but when he returned to ask again for the desired managerial position, he found out that the post was already taken.
In this case we can clearly see the importance of contracting a company that can provide accurate background checks or a consumer’s report, and also the importance of showing the results of a background check or a consumer’s report to the potential candidate before a decision is taken.
The background check investigators from Drakonx take very seriously every matter related to the fulfillment of the laws established by the FCRA, and we help our clients so they can be also in compliance with these laws, avoiding in this way being exposed to lawsuits of any kind.
Drakonx Background Check Investigators