A judge in the Eastern District of Pennsylvania was faced with determining how an employer can comply with the adverse action process if it relies on an initial background report before revoking a job offer, but then receives a subsequent, corrected report. In Wright v. Lincoln Prop. Co., the background report of the plaintiff was a partial, in-process report that revealed a misdemeanor conviction. A week later, a more comprehensive report was provided that included the same criminal information. The employer sent the partial report to the plaintiff, but did not send the final report. Alleging a violation of the Fair Credit Reporting Act (FCRA), the employer’s motion for summary judgement was denied by the court.

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