Kroger’s subsidiary, Fred Meyer, gets a preliminary win on suit targeting their background screening process

A judge in the Oregon District of the U.S. District Court ruled recently in favor of Kroger subsidiary Fred Meyer, a tentative win for employers and their background screening processes.

A prospective employee filed a class action suit against the retailer for violating the Fair Credit Reporting Act (FCRA) for failing to disclose that a screening will be conducted; for including extraneous information with the disclosure, thereby not providing a stand-alone document as required; and for failing to comply with adverse action requirements.

The judge dismissed all of the claims made, and if the judge’s report is adopted by the district court it will be a big win for employers and their background screening processes – which have seen increased litigation in the last several years.

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For more information on the case, please refer to this Lexology article written by Maddie Doucet Vicry and Robert T. Quackenboss of  Hunton Andrews Kurth LLP, as it provides an excellent summary of this case.