Legal Question in Employment Law in California
Discrimination in hiring
I am interviewing for a job in anesthesia. Fifteen years ago I had a probated license for drug use. I have to report this on the hospital application form. I know in the past I have been dicriminated against because of this information. What can I do about?
2 Answers from Attorneys
Re: Discrimination in hiring
This is not dicrimination. Criminals are not a protected class.
Re: Discrimination in hiring
Generally, only prior criminal convictions, not adminstrative agency discipline situations are questions an employer can legally ask an applicant. However, in certain special circumstances, possibly such as present here, the risk of injury to the public at large far outweighs the risk of injury to the applicant for invasion of privacy interests. Thus, due to the nature of your intended work, your recourse is to explain to the potential employer why the infraction occurred, that you "learned" from the experience, and hope the potential risk to the employer of being accused of negligent hiring practices will not weigh too heavily against you. Good Luck.