TMCnet News

Potter Handy Law Firm Takes on Class Action Lawsuit Against Select Source for Violation of Fair Credit Reporting Act and Labor Code
[April 03, 2024]

Potter Handy Law Firm Takes on Class Action Lawsuit Against Select Source for Violation of Fair Credit Reporting Act and Labor Code

Potter Handy, renowned for its expertise in employment law and class action lawsuits, has filed a class action lawsuit against Select Source International (Select Source) on behalf of Plaintiffs Eugene Howard, Robert Williams, and other affected individuals. The suit alleges that Select Source willfully violated the Fair Credit Reporting Act (FCRA), the Investigative Consumer Reporting Agencies Act (ICRAA), and Labor Code Section 432.7 for using expunged cases in employment decisions.

The complaint, filed in the Superior Court of California, states that Select Source, a staffing agency based in San Diego, conducted background checks on potential employees without following the procedures required by the FCRA and ICRAA.

Further, the Plaintiffs allege that the consumer reporting agency unlawfully reported convictions which had been expunged in violation of both the FCRA and ICRAA.

Additionally, Plaintiffs allege that Select Source failed to provide proper disclosures and obtain written consent from job applicants before conducting background checks, and relying on expunged crimes to make employment decisions.

In both instances, the Plaintiffs allege that they were denied significant employment opportunities based on background checks that included information that should never have been included in a lawful background check and should never have been considered by Select Source. The laws in question exist to allow individuals who have gone through the process of expungement to move on with their lives and continue to be productive members of society.

As stated in the complaint, Select Surce's actions violate federal and state laws that are put in place to protect job applicants from unfair hiring practices. The FCRA mandates employers to take specific steps before using consumer reports for employment purposes, including obtaining written consent from the applicant. Similarly, ICRAA requires employers to disclose their use of consumer reports and obtain authorization from the applicant before conducting background checks. And Labor Code ยง432.7 exists to protect individuals who, while they had criminal issues in the past, have gone through the process of expunging these crimes from their records. By failing to comply with these laws, Select Source has put individuals like Plaintiffs Howard and Williams at a disadvantage in the job market.

Potter Handy Law Firm is determined to hold Select Source accountable for its willful violation of these laws. The firm believes that background checks should be conducted fairly and in accordance with regulations to prevent discrimination against individuals with dismissed cases on their record. This lawsuit seeks to not only provide justice for Plaintiffs Howard and Williams but also for other affected individuals who have faced similar discriminatory practices.

"We are committed to protecting the rights of employees and ensuring that employers follow the law when conducting background checks," said Mark Potter, lead attorney at Potter Handy Law Firm. "We will not stand by as companies such as Select Source continue to disregard the rights of job applicants and violate crucial laws put in place to protect them."

Potter Handy Law Firm urges anyone who has been denied employment by Select Source or any other company based on a dismissed case to come forward and join the class action lawsuit. For more information, please contact Potter Handy Law Firm at (415) 534-1911 or visit their website at

About Potter Handy Law Firm:

Potter Handy, LLP is a leading law firm due to its extraordinary record of precedent-setting cases. While Potter Handy's advocacy has resulted in hundreds of published opinions, there are a score of such cases that wield tremendous influence. These cases-many of first impression-have shaped constitutional standing issues, damages analysis, the proper construction and interpretation of civil rights statutes and a variety of other hot-topic issues, and have been cited to by trial and appellate courts on more than 10,000 occasions. Potter Handy takes cases to judgment on average more than once a month.

[ Back To's Homepage ]