Adverse Action Claim Rejected (Because Background Check was Accurate)
The District Court for the Northern District of Illinois recently confirmed that even if an employer fails to follow the proper procedure, an applicant may not have standing to bring an adverse action claim if the background check as issue is accurate.
In Ratliff v. A&R Logistics, Inc., plaintiff Jerome Ratliff, Jr., claimed A&R Logistics, Inc. declined to hire him based on his background check without following a proper adverse action process. A&R moved to dismiss the complaint on the ground that Ratliff had not suffered any injury-in-fact. Because Ratliff failed to allege that the background check on him contained any inaccuracies, he could not show any "informational injury".