New Rule provisions went into effect on July 27, 2023 and apply to individuals who currently hold or who previously held a license issued by the State Board of Education. The Rule provisions also establish rehabilitation standards, which apply to convictions that occur after the educator receives an initial license.

New Rule also establishes a standard that prohibits employing initial licensure applicants with certain criminal convictions until the initial license is issued. If the initial licensure applicant has a criminal conviction appearing in section (B)(1) of 3319.39 or in section 3319.31 of the Revised Code, and the conviction is on the list entitled, "Disqualifying Offenses Pursuant to ORC §9.79," the applicant is classified as not employable until the license is issued.

An educator is deemed rehabilitated for a specific offense and employable in a position requiring a license as issued by the State Board of Education when the educator's license is in good standing and the educator either:

• government entities;
• nonprofit organizations;
• higher education institutions;
• financial institutions subject to the Gramm-Leach-Bliley Act (GLBA); and
• "covered entities" under the Health Insurance Portability and Accountability Act (HIPAA).

Data-level:

• signs a letter of admonishment listing the offense;
• executes a consent agreement with the State Board of Education listing the offense; or
• receives a board resolution listing the offense.

The Plaintiff applied for a position with the cruise line in March 2023 and shortly thereafter was offered the job. According to the complaint, securing the position was contingent on Plaintiff successfully passing the pre-employment background check process and drug test. The cruise line screened the Plaintiff with the support of their third party consumer reporting agency ("CRA").

A week after applying for the job, Plaintiff was informed that upon review of his background check results, the cruise line would be pursuing another candidate. The complaint cites that "at that point, the cruise line had not yet provided Plaintiff with both a copy of the consumer report and a description, in writing, of his rights under the FCRA, as required by statute."

Plaintiff contends that CRA's background check was incomplete, failing to indicate that Plaintiff received a pardon in February 2022 for robbery crimes reported.

Plaintiff alleges that he asked the cruise line why the offer was revoked and also asked for a copy of the background check results. Receiving no response from the cruise line for two days, Plaintiff contacted the background check company directly and was provided a copy of the background check. Plaintiff alleges this was the first opportunity he had to review the inaccurate information in the report.

The proposed class action includes individuals who applied for a position with the cruise line in the last five years and lost a job offer after being subjected to a consumer credit report.