Nurse Sues Background Check Company Over Alleged FCRA Violations

Plaintiff Jennifer Malatek is suing First Advantage Background Services in U.S. District Court, claiming that the 'patently inaccurate' contents of a background check cost her a job

Plaintiff's multi-state nursing license was previously suspended in March, 2015 after the Iowa Board of Nursing alleged she had tested positive for marijuana use and Malatek had admitted to using the drug. The Board restored Malatek's license in August, 2016 after she completed a treatment program and probationary terms.

Malatek applied for a nursing position with Aveanna Healthcare in November, 2021 and was contingently offered a position pending the results of a background check. Aveanna rescinded the tentative offer in February, 2022, citing the results of the returned report.

After lodging an inquiry with the company that performed the check on behalf of Aveanna - First Advantage - Malatek was issued a copy of the report. While the report included eight separate licensing sanctions, it allegedly did not include that she held a valid multistate nursing license.

Of the eight sanctions, six were in connection with the same case that had been the catalyst for her license suspension; the other two referenced the board's determination that Malatek had successfully fulfilled all requirements associated with the suspension. However, the lawsuit claims that the report also classified her license as being "suspended indefinitely," with no indication that it had been fully restored in 2016. Allegedly, the report also notes that the Plaintiff's California license was suspended in 2016 as opposed to expired.

"Instead of employing reasonable procedures, as required by the Fair Credit Reporting Act, (First Advantage) blindly collects information from unreliable third-party vendors to repackage and sell in its own employment screening products," the lawsuit claims. Malatek's lawsuit further alleges that First Advantage "has been sued under the FCRA by consumers in the past for inaccurately reporting professional license information and/or disciplinary history."

Posted: May 3, 2022

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