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.

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