Ohio Court Throws Out FCRA Case Based On Initial Grade

A plaintiff's putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., has been thrown out because she could not show that the employer's initial assessment or grading of her eligibility for the position was an adverse action.

On June 2, 2014, plaintiff Deloris Reid applied for a job with grocery retailer Kroger. Reid disclosed that she had been convicted of a misdemeanor assault a year earlier. She then interviewed with the store's Administrative Assistant, Nancy Austin, who contacted Reid several days later and offered her a position contingent on her passing a background check.

Kroger utilized General Information Solutions, Inc. ("GIS") to provide background checks and to assign "preliminary grades" based on a matrix provided by Kroger. Kroger maintained the ability to review the preliminary grades before making a decision on whether to hire an applicant.