Ohio courts have recently weighed in on the issue related to the procurement of background checks on current or prospective employees — more specifically, whether employees have the standing to sue employers in cases where the employer fails to provide a “stand-alone” disclosure that meets the requirements of the Fair Credit Reporting Act (FCRA). The majority of courts, including Ohio, have found that a technical deficiency is insufficient to confer standing. Courts, however, appear more likely to find a potential cognizable injury sufficient to defeat a motion to dismiss where the plaintiff alleges that no disclosure was provided and no authorization sought from the employee before the background check is procured.
Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure Requirement
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