HB 2312 and SB 1406 will allow individuals to cultivate marijuana and possess up to one ounce of marijuana. For employers, marijuana should now be viewed similarly to alcohol, meaning that employers can prohibit employees from having marijuana on their premises and may terminate an employee if impaired at work.

Plaintiff claimed that he was not supplied an FCRA Summary of Rights and was also not permitted to review the report in order to address its contents before the employment offer was rescinded. Plaintiff also did not suggest that the contents of the report were inaccurate or that his review would have resulted in a different outcome.

Defendant moved to dismiss, claiming that the court lacked subject matter jurisdiction since Plaintiff had not suffered a concrete injury. Taking into consideration Spokeo, Inc. v. Robins, as well as the Third, Seventh and Ninth Circuits, the court ultimately determined that Plaintiff had standing to bring suit for this procedural violation of the FCRA.

Lead plaintiff, Job Golightly, had worked for Defendant since 2014. Golightly claims he was fired in August, 2021 following a mandatory criminal background check which revealed a speeding ticket from 2013. According to the suit, agreeing to the background check (as conducted by consumer reporting agency Checkr) was mandatory. The black veteran taxi driver alleged that if he had chosen to not comply, Defendant would have terminated his access to the mobile app.

It is Golightly's contention that Defendant fired him without properly progressing through the steps outlined in the FCA, which require an employer to carefully consider specific factors such as the likelihood of a conviction history could impact the employee's current work and the seriousness of the content reported back from the criminal history search. Further allegations include that Defendant never permitted Golightly to see a copy of the background check, which is also required under the FCA.