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Lexisnexis gives me a failed background check. I have lost two opportunities. Why: My social security is less than 5yrs old. Ok?

San Luis Obispo, CA |

Came to the US two and a half years ago on green card from Africa.

The first opportunity was for a job with Walgreen. I did all tests including urine test and passed. My background test failed and I lost the opportunity.

The second Opportunity was from tutoring client (through wyzant - online) who requested a background test before we begin tutoring. I failed and lost the client.

I called lexisnexis and they said there is nothing they can do. They asked me to show my social security to my potential company. I fear I will continue loosing opportunities because employers will generally have a negative attitude to a failed background test.

Attorney Answers 1

  1. I'm unclear: are you saying your background check is coming back as "failed" because your social security number is less than 5 years old?

    It is illegal to discriminate against people based on their national origin. So long as you are in the country legally, refusing to hire you because of a young SSN may constitute disparate impact national origin discrimination.

    You may want to consult with a plaintiff's employment attorney in your area. You can find some wonderful attorneys on the website of the California Employment Lawyers' Association at

    Good luck, and I wish you the best.

    Craig T. Byrnes

    Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.