When applying to a job, applicants usually have to consent to a background check which reviews a number of factors that verify whether the applicant is really eligible for the position to which they are applying. Without a doubt, background checks are important steps of the hiring process. However, there is much information that is off-limits to employers and cannot be used to make an employment decision.
If you are applying to jobs, you have likely been subjected to more than one background check. You might have many questions, including whether employers ask for an applicant’s medical records. Did an employer ask you for your medical records? If an employer asked for your medical records even though your health is irrelevant to the position to which you were applying, you might have grounds to pursue an employment claim against the employer.
Would you like to learn more about your right to pursue an employment claim after an employer requested your medical records? If so, you must seek legal assistance as soon as possible. The employment experts at California Labor Law Employment Attorneys Group are ready to fight for your right to sue and receive compensation. California Labor Law Employment Attorneys Group is an employment law firm dedicated to representing all employees or prospective employees who have been wronged by employers. The attorneys at our firm have many years of experience handling employment claims and are ready to help you with your claim. If you are ready to discuss your claim with our knowledgeable attorneys, do not hesitate to contact California Labor Law Employment Attorneys Group at your earliest convenience.
Relevant Information Available through Background Checks
Any employer can subject you to a background check to ensure that you are really a right fit for the job to which you applied. In many instances, background checks ensure that the employer rightfully hires someone who will not cause any problems in the long run. For example, if you apply for a position as a delivery driver, you should expect the employer to be interested in your driving record. If you apply for a position in a day care center, you should expect the employer to be interested in criminal records, for example. Overall, there is a lot of information that might be relevant to your eligibility for a job.
The following information is commonly looked at by employers conducting background checks:
- Character references
- Court records
- Credit reports
- Driving records
- Drug tests
- Past employers
- Personal references
- Property ownership records
- Sex offender lists
- Social security number
- State licensing records
Depending on the specific requirements of the job, applicants might need to pass different aspects of background checks. Employers have the right to access the information above, and they could make employment decisions based on that information. However, just like there is information that they could access and use to make employment decisions, there is information that they could not use.
Information that is Off-Limits to Employers
Employers have access to background information regarding applicants but only to some degree. The following information is off-limits to employers under most circumstances:
- Criminal records (Employers only have access to 7 years of criminal history. Employers cannot ask questions about dismissed, sealed, or pardoned convictions as well as charges that did not result in convictions. Employers can ask about any criminal charges that are pending).
- Educational records (Although educational records are often relevant to employment opportunities, employers must receive consent prior to accessing this information.)
- Military records (All military records are confidential under federal law.)
- Bankruptcy information (Information regarding bankruptcy should never be used to make employment decisions.)
- Workers compensation information (Information is only relevant is it is directly related to the job for which the applicant is pursuing.)
- Medical records (Medical records are only relevant to a few specific jobs. If medical records are not in any way related to the job, such records must remain confidential).
Why Medical Records could be Relevant to Employers?
As briefly mentioned above, medical records could be relevant for certain jobs. Firefighters and police officers, for example, are usually required to be in tip-top medical condition. These jobs require employees to have good health and have significant physical endurance. If you are applying to a job that does not require a specific physical condition, your medical records might be irrelevant.
Why would an employer want information regarding your health? Consider the following:
- Employees with poor health are more likely to call out sick often.
- Employees with poor health might represent higher expenses for insurance purposes.
- Employees with poor health are likely to go on medical leave.
- Employees with poor health are likely to quit their jobs after their condition worsens.
As you could see, employees in poor health can represent more trouble to employers in comparison to employees that are in good health. Your medical records might be relevant to the job, but can the employer request that information? For jobs that require some sort of medical validation or physical fitness test, medical records/tests can be requested only after a job offer has been extended.
Can an Employer make Employment Decisions based on Medical Records?
Can you be denied a job opportunity based on medical information? Based on employment law, an employer cannot make employment decisions based on medical conditions. As mentioned above, employers can only request medical information (if it is directly related to the job) only upon extending a job offer. However, employers cannot refuse to make you a job offer because of your medical history. You are protected by both employment law; therefore, if the employer makes an employment decision based on the information regarding medical records on background checks, the employer is likely discriminating against you.
The Right to Pursue an Employment Claim
If an employer is discriminating against you by making an employment decision based on your medical records-even though your health/physical condition is irrelevant to the job-you might have grounds to sue. When you are applying to jobs, you are protected by basic employment rights. If you believe that you lost an employment opportunity because an employer accessed your medical records during a background check, do not hesitate to seek legal assistance. The employment attorneys at California Labor Law Employment Attorneys Group will provide you with all the information that you need to learn more about your right to file a claim and receive compensation.
Your Right to Receive Compensation
Depending on the details of the employment claim that you pursue, you might be eligible to recover compensation. What type of compensation could you receive? How much compensation could you receive? Some questions regarding the type and amount of compensation that you are eligible to receive can only be answered by an employment attorney upon evaluation of your claim. Although every claim is different, you might be eligible to be compensated for the following:
- Lost earnings: for the income that you could have earned if the employer wouldn’t have used your medical records against you to make an employment decision.
- Pain and suffering: for the mental and emotional distress caused by losing a job opportunity due to your medical records.
- Punitive damages: for punishment to the defendant.
Are you ready to fight for your right to be compensated? If so, you must contact California Labor Law Employment Attorneys Group as soon as possible and request to speak with our attorneys. Our knowledgeable employment attorneys are ready to provide you with all the information that you need to begin fighting for your right to be compensated. Regardless of the type and amount of compensation that you could receive, you could trust that our experts at California Labor Law Employment Attorneys Group will do everything within their reach to ensure that you receive the compensation that you deserve.
Contact our Employment Law Firm
Are you ready to discuss your claim with a lawyer? Would you like to learn more about whether you could sue after an employer accessed your medical records on a background check? If an employer made an employment decision based on your medical records, you could sue and receive compensation. You must contact the lawyers at California Labor Law Employment Attorneys Group today. California Labor Law Employment Attorneys Group is an employment law firm that has dedicated many years to helping those who have been unfairly treated by employers. If you would like more information about whether you could pursue an employment claim, you should contact our firm as soon as possible.
Our firm offers both free consultations and free second opinions. Employment experts with many years of experience handling employment claims will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to begin or continue your employment claim. Our free legal services are available as part of our Zero-Fee guarantee, a guarantee that you will never be required to pay any upfront fees for our legal services. Our employment law firm is also based on contingency. What does that mean for you and your claim? Our strict contingency structure ensures that you will never be required to pay any upfront legal fees for any of our legal services.
For more information about background check laws and your right to pursue a claim if an employer uses your medical records to make an employment decision, do not hesitate to contact our law firm today.