Maiteki v. Marten Transport

Ronald Maiteki appealed the district court’s grant of summary judgment to his former employer, Marten Transport Ltd., on his claim that Marten violated the reinvestigation provision of the Fair Credit Reporting Act (FCRA). Marten had a duty under federal regulations to conduct background checks on drivers. It receives information from and provides information to HireRight, a consumer reporting agency (CRA) that publishes "Drive-A-Check" (DAC) reports on truck drivers’ driving records. When describing Maiteki's work record to HireRight after his employment ended, Marten used code 938, which stands for "Unsatisfactory Safety Record," meaning that the driver did not meet the company’s safety standards. Maiteki alleged that other companies declined to employ him after Marten’s information appeared on his DAC report. He disputed the information, telling HireRight that "Unsatisfactory Safety Record" was incorrect because he “has no accidents/incidents listed on the report.” Marten conducted an internal investigation, and stood by its report to HireRight regarding Maiteki's driving record. Maiteki sued, alleging, among other claims, that Marten’s reinvestigation was inadequate and the response was false. Marten moved for summary judgment on the FCRA claim, which the district court granted. After review, the Tenth Circuit found that Maiteki did not carry his burden to show that a reasonable factfinder could conclude that Marten’s reinvestigation was unreasonable. The Court therefore found that the district court appropriately granted summary judgment to Marten on Maiteki's FCRA claim. View "Maiteki v. Marten Transport" on Justia Law