Ohle v. Neiman Marcus Group

Plaintiff was denied a job at Defendant store because of a failed credit check, and filed suit against prospective employer alleging violation of Employee Credit Privacy Act. Court erred in finding that job position, as sales associate, fell within "access" provision of the Act. Sales associates are neither managers nor select few employees entrusted with personal and confidential information of customers.Defendant did not meet its burden of proof to show that exemption to the Act applies to sales associate position, and thus its admitted discrimination of Plaintiff based on her low credit score was not permitted under the Act. (HYMAN and SIMON, concurring.)