Background check without permission, grounds for lawsuit?

I was hired to be a server. A management position came open and I expressed interest in it. Without my permission, my employer ran a background check, found discrepancies in my record and hired someone else for the open position. I did not find out about the background check until I turned in my two week notice. At that time, I was told that I was being dishonest about my employment because I didn't volunteer information about my background and was subsequently fired. My record had been expunged. By law, I do not have to divuldge information. I was treated very unfairly and feel discriminated against. Would I be wrong in thinking that I have a right to seek retribution for their actions?