Plaintiff Deloris Reid disclosed that she had been convicted of a misdemeanor assault a year before applying with grocery retailer Kroger. She filed a putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act (FCRA) after General Information Solutions, Inc. (GIS) discovered a separate felony conviction during her background check. Reid disputed the report and GIS later determined that the charged had been reduced to a misdemeanor. Reid still was ineligible for hire based on the temporal proximity of her misdemeanor assault conviction. The Court rejected her resulting argument that Kroger violated the FCRA by taking an adverse action without providing her with a copy of her initial background check and description of her FCRA rights, finding that the grade was only preliminary.

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