Ramos v. Genesis Healthcare, LLC

141 F. Supp. 3d 341, 2015 U.S. Dist. LEXIS 133699, 2015 WL 5822635
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 1, 2015
DocketCIVIL ACTION NO. 15-52
StatusPublished
Cited by4 cases

This text of 141 F. Supp. 3d 341 (Ramos v. Genesis Healthcare, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramos v. Genesis Healthcare, LLC, 141 F. Supp. 3d 341, 2015 U.S. Dist. LEXIS 133699, 2015 WL 5822635 (E.D. Pa. 2015).

Opinion

MEMORANDUM

KEARNEY, District Judge

Congress requires employers using background checks to strictly adhere to specific protections afforded job candidates under the Fair Credit Reporting Act ■ (“FCRA”). Plaintiff Doris Ramos (“Ramos”) claims potential employer Genesis Healthcare, LLC (“Genesis”) provided her no reasonable opportunity to dispute information on a background report before taking adverse action terminating her conditional employment offer. She also claims a Genesis subsidiary, CareerStaff Unlimited, Inc. (“CareerStaff’), obtained the background report' without her authorization although she authorized Genesis and its agents. Ramos also claims the reporting company, General Information Services (“GIS”), failed to - accurately report her criminal history and improperly reported a record of a felony criminal conviction more than seven (7) years old. We find, as a matter of law, Ramos has standing to assert her claims; Genesis’ July 22, 2014 pre-adverse action notice complied with the FCRA; Ramos authorized CareerStaff to receive her report; and, GIS properly reported a record of a felony criminal conviction more than seven (7) years old. We also hold there are questions of fact whether GIS negligently failed to accurately report her criminal history. In the accompanying Order, we grant in part and deny in part Defendants1 motions for summary judgment.

I. Undisputed Facts1

Genesis provides skilled nursing, rehabilitation therapy and related services to patients. Genesis requires persons obtaining a job offer (“conditional employees”) pass a background screening before hiring. SOF ¶¶4, 55. Genesis hires GIS to conduct the background investigation screening. SOF ¶56. GIS researches conditional employees’ criminal backgrounds. SOF ¶7. Genesis provides GIS an outline, or matrix, of various types of criminal offenses which would disqualify a conditional employee. GENApp. 131. Using the Genesis matrix, GIS assigns each individual report one of three “grades,” reflecting the candidate [344]*344“Meets” requirements, “Does not meet,” or “Requires HR Review.” SOF ¶8, 10; GENApp.104-05. GIS also issues the required FRCA notices of potential and final adverse action to the conditional employees. SOF ¶6, GENApp. 59-99.

On July 3, 2014, Ramos, a licensed occupational therapist, obtained a job application for “Therapists Unlimited, A Division of CareerStaff Unlimited”, a Genesis subsidiary. Haley Srubar, a-Genesis Staffing Coordinator, contacted Ramos, GENApp. 7-8, App. 673. The job application refers to “Genesis Healthcare Group, Inc. and its subsidiaries” and the materials accompar nying the application reference Career-Staff. and Therapists Unlimited. GENApp. 8; App. 13,14.2

On July 7, 2014, Ramos submitted her application to Genesis’ Srubar. SOF ¶14. Ramos signed a “Consumer Authorization” permitting investigator GIS to request information about her; authorizing anyone to provide information about her to GIS; authorizing GIS to provide Genesis one or more reports based on information; and, authorizing Genesis to share its reports with others for legitimate business purposes related to Ramos’ employment. SOF ¶67, GENApp. 297. The Authorization permits GIS to “investigate [Ramos’] education, work history, professional licenses and credentials, references, address history, social security number validity, right to work, criminal record, lawsuits, driving record, credit history, and any other information with public or private information sources.” Id.

On July 9, 2014, Genesis/CareerStaff Staffing Manager Nikita Shepard (“Shepard”) interviewed Ramos. SOF ¶¶15-16. Ramos gave Shepard her completed employment application and Consumer Authorization form. SOF ¶16. Shepard verbally offered Ramos a job during the interview, and followed up with a written, conditional offer by email the following day. SOF 1117-18. Shepard conditioned the offer on Shepard’s receipt of a satisfactory background record, consistent with state and federal laws and company policy. SOF ¶18; GEN App. 14-15.

Genesis Human Resources Staffing Coordinator Srubar requested Ramos’ background screening on July 9, 2014. SOF 1ÍH19, 70. On July 14, 2014, GIS” pre-screen report revealed Ramos had prior convictions and action on her professional occupational therapy license. SOF ¶20. This report did not automatically disqualify Ramos. Genesis instructed GIS to proceed with the background screen so it could “review all of the information prior to making a decision.” SOF ¶21; GENApp. 342-46. ,

GIS graded the July 18, 2014 completed background report “Require[d] HR Review.” SOF ¶22; GenApp. 333. GIS’ background report described three (3) prior criminal convictions, including one felony conviction involving injury to a child. SOF 1Í23..

On July 21, 2014, the Human Resources Compliance Team of Genesis emailed Ramos’ background report' to Genesis’ Director of Human Resources, Kate McKin-non. SOF ¶24. The Human Resources Compliance Team and Genesis’ McKinnon evaluated Ramos’ reported Criminal conviction for Felony — Injury to Child. After an exchange of e-mails, Genesis disqualified her based on its matrix requiring conviction involving injury to children. SOF ¶26, App. 578. Accordingly, on July 22, 2014, [345]*345Genesis graded Ramos’ report “Does Not Meet.” SOF ¶28.

After this disqualification and'grading of “Does Not Meet”, GIS sent a July 22, 2Ó14 letter to Ramos stating in part:

Genesis Healthcare CareerStaff Unlimited has or will be completing their review of your application within the next few days, and may take action based on the enclosed report... You have the right to dispute the accuracy or completeness of any information contained in the report by contacting GIS directly.

ISOF 31, App. 337.,,

Genesis’ Shepard called Ramos on July 25, 2014 and explained Genesis “flagged” her employment application due to the reported felony conviction reflecting injury to a child. ¶SOF■ 35-36. Ramos admitted to Shepard she had been charged with the felony, but stated she pleaded guilty to a lesser offense. ¶SOF 37-39. Shepard relayed Ramos’ explanation to . Genesis’ McKinnon. ¶SOF 40. On July 27, 2014, Ramos followed up with an email to Genesis’ Shepard, , explaining her version of the events. ¶SOF 41. Shepard relayed the information to McKinnon, who in turn shared Ramos’ challenge to the report and explanation with Genesis’ Human Resources Compliance Coordinator Sharon Esquibel (“Esquibel”) on July 28, 2014. SOF ¶43, App. 361. Despite the explanation, Genesis confirmed on July 28, 2014 it “will not be able to move forward with her.” App. 543.

On July 29, 2014, Shepard told Ramos of Genesis’ decision to revoke the job offer. ¶SOF 46. By letter the same day, GIS also told Ramos of Genesis’ decision to not extend an offer based on information in a consumer report. ¶SOF 47. Over a month later, in September 2014, Ramos faxed a judgment showing Ramos’ conviction for assault to GIS. SOF ¶49.

II; Analysis

Congress enacted the FCRA “to ensure fair and accurate credit .reporting, promote efficiency in the banking system, and protect consumer privacy.” Safeco Ins. Co. of America v. Burr, 551 U.S. 47, 52, 127 S.Ct. 2201, 167 L.Ed.2d 1045. (2007).

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Bluebook (online)
141 F. Supp. 3d 341, 2015 U.S. Dist. LEXIS 133699, 2015 WL 5822635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-genesis-healthcare-llc-paed-2015.