In March, PNC Financial Services Group, Inc., moved to dismiss a class action complaint filed by Damian McCoy in the Western District of Pennsylvania. The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was discovered. McCoy claims that, because the felony and misdemeanor charges had been withdrawn, the revocation of his employment offer violates Pennsylvania’s Criminal History Record Information Act (CHRIA). The law prohibits employers from considering criminal history record information that doesn’t rise to the level of conviction. PNC argued that the federal banking law, Federal Deposit Insurance Act (FDIA), imposes different and conflicting requirements on federally-insured banks.
Bank Moves to Dismiss Background Screening Class Action Complaint Based on Federal Preemption Argument
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