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 www.celaweb.org
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.