Temporary rescission of job offer isn’t adverse employment action, 7th Circuit rules

Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated? The U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) recently addressed the issue.

Background on Title VII, ADEA, FCRA

Both Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA) protect current and prospective employees from discrimination by employers. Title VII prohibits employment bias based on race, color, religion, sex, and national origin. The ADEA prohibits discrimination against employees ages 40 and older. Specifically, to succeed on a claim against an employer, both provisions require employees to demonstrate they suffered an adverse employment action.

Additionally, under the Fair Credit Reporting Act (FCRA), an employer may not take any adverse action against a job applicant based on a consumer report without first providing a copy to the individual. The FCRA defines “adverse action” as a denial of employment or a decision for work purposes that adversely affects any prospective employee.

Facts