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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19680
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I've been employed with my company (bank) for. More than 15

Customer Question

I've been employed with my company (bank) for. More than 15 years and had a background and fingerprints completed upon hire. Now, they are requesting I go through another fingerprinting and credit check since I've returned from medical leave. What are my rights and is this legal or unconstitutional?
Submitted: 2 months ago.
Category: Legal
Expert:  Marsha411JD replied 2 months ago.


Thank you for the information and your question. First, this request or action would not be "unconstitutional." There is nothing in the constitution that prohibits this. However, it may or may not be unlawful. That though could only be decided by the EEOC or courts once they have considered all of the evidence submitted from all parties, which I don't have. I can though discuss the legal issue that is potentially present.

Normally, an employer, especially a bank because of stricter employment in banking laws, can run background checks on their employees at any time during their employment. However, the issue arises as to who and why they are asking for the check. In this case, you mention that you are returning from medical leave. If the employer only does background checks on individuals returning from medical leave, or only on you because of your gender, race, national origin, age (over 40), disability, religion, genetic information, pregnancy, or military service, that would be unlawful as violating Federal discrimination laws and you could have a claim to file with the EEOC and eventually the courts.

If you believe you are being targeting only because of the limited reasons I mentioned above, you should file a discrimination complaint with your HR Department and if they do not resolve the issue in your favor, you can then file a discrimination complaint with the EEOC and might also want to sit down with a local employment law attorney to discuss your case.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 3rd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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