In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the FCRA. In doing so, the Court’s decision raises questions about a widely accepted safe harbor of mailing pre-adverse and adverse action notices five business days apart. Although the Court’s decision in Moore was in the context of a waiting period that allegedly conflicted with the period conveyed in the pre-adverse action letter, employers should take note of the Court’s focus on the time between receipt of the pre-adverse action letter and mailing of the adverse action letter when calculating the waiting period.
District Court Holds that Mailing Pre-Adverse and Adverse Action Letters Five Business Days Apart is Plausible FCRA Claim When it Conflicts with Content of Pre-Adverse Action Letter
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