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November 28 2017

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

In August, the Seventh Circuit Court of Appeals claimed that a plaintiff who alleges extraneous information in a background check disclosure form lacks the necessary Article III standing to maintain a lawsuit.
Cory Groshek submitted 562 applications, seeking employment with various employers, including Tim Warner Cable, Inc., and Great Lakes Higher Education Corporation. He claims the disclosure he signed at the two businesses violated the Fair Credit Reporting Act because it included a liability release and other extraneous information.
The Seventh Court concluded that Groshek's claims were removed from any concrete harm or appreciable risk of harm. Groshek v Time Warner Cable, Inc., No. 16-2711 is a good reminder that employers should review their background check forms and procedures to ensure compliance with FCRA regulations.