Legal Question in Employment Law in California

I am a musician. In 2006 I had a serious mental health problem that happened to me at the following place: www.nws.org. I was a fellow there at the time. As a result of that, after being hospitalized for 2 times, the administration and a conductor made a decision to terminate my fellowship. Not sure at what extent you are familiar with the classical music business, but this is a very small world and everyone knows everything. Any of my future employers have a right to request my records from that organization. Is it legal for orchestras to deny employment to someone in my situation? I did 11 auditions so far, and at only one I made it to the final round, there they had to decide between me and one other candidate. They hired the other candidate, even though he had at least 60% less experience than I did. Thanks in advance for your answer.


Asked on 8/14/10, 3:06 pm

3 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

http://public.findlaw.com/bookshelf-consumer-action-handbook/caw_privacy_medical.html

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 8/19/10, 3:26 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It is not legal to deny employment due to one's actual or perceived disability. But as you know, very well, the business you are in is an art and, therefore very subjective. Experience may be important, but certainly would not be the determinative factor in hiring a musician. The burden is upon the person claiming they have been discriminated against to prove they were denied employment due to their disability. If you believe there is such evidence, you should review that evidence with an employment law attorney.

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Answered on 8/19/10, 3:27 pm
Terry A. Nelson Nelson & Lawless

And your question is ??

If you have credible and legally admissible evidence that your medical privacy rights were violated and invaded, or that 'illegal' use of your medical 'mental' disability history was use to deny employment, you could consider taking action, if timely. You said nothing about them even knowing about your medical 'mental' history, although it is part of your permanent DOJ records. Any employment or termination is clearly something an employer has a right to investigate and use in deciding to hire or not. IF you can prove your prior employer 'illegally' disclosed your medical 'mental' history, you might have a claim against them, if timely made. The burden of proof is on you.

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Answered on 8/19/10, 4:56 pm


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