United States District Judge Dan Polster preliminarily approved a $2.6 million class action settlement in favor of truck drivers who sought employment with Vitran Express, Inc. from April 2004 through March 2009.
The suit alleged that Vitran failed to provide job applicants with a clear and conspicuous disclosure that the company would obtain a criminal background report as a precondition of employment. Once the reports were obtained, the class members argued that Vitran failed to provide required notices that employment would be denied based upon the content of the reports.
Unfortunately, many truck drivers are misreported by background companies, often leading to denials of employment under the assumption that the applicant has a criminal record. Both background reporting companies and employers must follow federal guidelines intended to minimize inaccurate reporting and to give applicants an opportunity to address the report with a potential employer.
Under the terms of the Vitran settlement, applicants who sought employment with Vitran from April 2004 through March 2009 will receive checks, which represent statutory damages recoverable under federal law.
The class members are represented by Matt Dooley, Tony Pecora, and Dennis O'Toole, of the Firm's Transportation Practice Group. Click here for more information regarding the case and settlement.