The FCRA doesn't regulate how employers use background checks but instead regulates the hoops through which an employer must jump to use legally obtain them.
This case has very little to do with the legality of criminal background checks and everything about two litigants buying off the risk of a trial.
One issue I’ve never considered is whether the social media site is a 'consumer reporting agency' subject to the Fair Credit Reporting Act.
Despite increasing regulations, more companies are performing background checks, and advances in technology have made them more accessible to small and midsize employers
What are common practices that employers follow when a current employee turns up with a failed background check? What are some instances that would or should result in termination and what are some violations that could be deemed acceptable?
— Background Noise, HR associate, software/systems, New York
Perhaps one solution to this crisis is for Congress to engage in some simple oversight over the agencies that enforce our various laws, including the EEOC. $751,942.48 in taxpayer money is a costly investment to chase a fool's errand.