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Chipotle sued over using consumer reports to hire employees

By Shaun Zinck | Jun 18, 2015

CHICAGO (Legal Newsline) - A popular Mexican restaurant is being sued over allegations that it illegally used background checks to determine whether to hire certain people.

George Correa filed the lawsuit June 12 in U.S. District Court in Illinois against Chipotle Mexican Grill claiming the restaurant used his criminal background check to deny him a job at one of its locations after it had already hired him.

The lawsuit claims the federal Fair Credit Reporting Act requires businesses to provide a written document explaining the applicant's rights, a “pre-adverse action disclosure” that includes a copy of the potential employee's consumer report, and the opportunity to challenge any of the reported information.

The suit said Chipotle hired Correa in April, but after the consumer report came back with his criminal background in May the restaurant told him it could no longer employ him.

According to the lawsuit, Chipotle agreed with the company that did the background check that it would provide Correa a copy of the consumer report. However, the lawsuit claims the restaurant didn't provide him a copy.

The lawsuit is seeking class status for others who were denied employment based on their consumer report. Correa is also seeking an unspecified amount in damages.

He is represented by Matthew J. Piers and Christopher J. Wilmes of Hughes Socol Piers Resnick & Dym, Ltd. of Chicago and Alejandro Caffarelli of Caffarelli & Associates Ltd., also in Chicago.

U.S. District Court for the Northern District of Illinois Eastern Division case number 1:15-cv-05179.

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