Doesn't sound to me that the hiring manager even went through with the background check. Just noticed the Male__Female__ was checked female and the applicant had a feminine real name. The court will find out whether or not the background check was ever even completed. If the applicant had a felony, the EEOC might not have a case and probably wouldn't bother filing. If the applicant had a felony, the background check company would have to notify the person of why they chose not to hire.