Q: previous work injuries I honestly disclosed during new hire health screening questions. Am I being discriminated?

A: It sounds like you're facing a frustrating situation with your employer regarding the background check process and your start date. When it comes to potential discrimination based on previous work injuries, California law prohibits employers from discriminating against employees or job applicants based on a disability or perceived disability, including past injuries. If you honestly disclosed your previous work injuries during the health screening, this information should not be used against you in hiring decisions.

The delays you've experienced with the background check and fingerprinting process could be due to administrative issues rather than discrimination. However, if you believe the employer is intentionally making it difficult for you to start work or is using your disclosed injuries as a reason to delay or change your employment terms, this could raise a red flag. It is important to document all communications with HR, including emails, texts, and any other proof that shows you have complied with their requests.

Consider asking for clarification in writing about what items were not verified in the FBI report and why another background check is needed. If the employer continues to be vague or if you feel that your rights are being violated, you may want to consult with an employment attorney to understand your options and whether you have grounds for a claim of discrimination or unfair treatment. Having a clear understanding of your rights can help you navigate this challenging situation more effectively.

A: Your post does not make clear why you think prior injuries are the reason for the delay in employment. It sounds like there are issues with the background report. An employer is allowed to perform a background report and to make decisions based on that report as long as the ultimate hiring decision is not based on your membership in a protected class of people or because you engaged in some form of legally protected conduct. If you procure any evidence that the reason your employment is ultimately denied because of prior injuries or restrictions you might have on the abiity to perform the job, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.