University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lee v. Hertz Corporation EE-CA-0355
Docket / Court 4:15-cv-02545 ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Attorney Organization Lawyers Comm. for Civil Rights Under Law
Outten & Golden
Case Summary
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 ... read more >
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.

Sarah Prout - 09/05/2015
Anna Jones - 10/11/2015


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Issues and Causes of Action
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Issues
Discrimination-area
Hiring
General
Records Disclosure
Plaintiff Type
Private Plaintiff
Defendant(s) Dollar Thrifty Automotive Group
Hertz Corporation
Sterling Backcheck
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.
Indexed Lawyer Organizations Lawyers Comm. for Civil Rights Under Law
Outten & Golden
Class action status sought Yes
Class action status granted Moot
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None
Form of Settlement Voluntary Dismissal
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
4:15-cv-02545-JSW (N.D. Cal.)
EE-CA-0355-9000.pdf | Detail
Date: 08/24/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Violations of FCRA [ECF# 1]
EE-CA-0355-0001.pdf | Detail
Date: 06/09/2015
Source: PACER [Public Access to Court Electronic Records]
Order Setting Case Management Conference [ECF# 8] (N.D. Cal.)
EE-CA-0355-0002.pdf | Detail
Date: 06/12/2015
Source: PACER [Public Access to Court Electronic Records]
Notice of Dismissal without Prejudice [ECF# 11]
EE-CA-0355-0003.pdf | Detail
Date: 08/24/2015
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Dismiss and Remanding Case to San Francisco County Superior Court (2016 WL 7034060) (N.D. Cal.)
EE-CA-0355-0004.pdf | WESTLAW | Detail
Date: 12/02/2016
Source: Westlaw
Judges Freeman, Beth Labson (N.D. Cal.)
EE-CA-0355-0004
White, Jeffrey Steven (N.D. Cal.)
EE-CA-0355-0002 | EE-CA-0355-9000
Plaintiff's Lawyers Desautels, Meredith (California)
EE-CA-0355-0001 | EE-CA-0355-0003 | EE-CA-0355-9000
Eiland, Katrina L. (California)
EE-CA-0355-0001 | EE-CA-0355-0003 | EE-CA-0355-9000
Funt, Stephanie (California)
EE-CA-0355-0001 | EE-CA-0355-0003 | EE-CA-0355-9000
Sagafi, Jahan C (California)
EE-CA-0355-0001 | EE-CA-0355-0003 | EE-CA-0355-9000

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