Potential solutions to a background check lawsuit can vary from case to case. In some cases, it may be possible for the employer and employee to reach an out-of-court settlement that is mutually beneficial and resolves the issue without further legal action.
In other cases, the employee may need to pursue a discrimination claim through the Equal Employment Opportunity Commission (EEOC). It's important to note that if an employee is pursuing a discrimination claim, they must do so within 180 days of the alleged violation.
In many cases, it can be beneficial for both parties to pursue arbitration or mediation as an alternative dispute resolution process. This type of process can often result in a quicker resolution than going through the traditional court system. Additionally, it can help maintain confidentiality between both parties and potentially reduce litigation costs.