New York Arrest and Conviction Records Discrimination Attorney
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recovered for our employment law cases
- Workers and job applicants with criminal records often fear they will have a more difficult time finding and keeping a job if their employer discovers their record.
- However, city and state laws in New York generally prohibit employers from discriminating against workers and applicants based on prior convictions.
- Article 23-A of the New York Correction Law outlines an eight-step process for employers to follow when determining whether to hire an applicant with a prior conviction, aiming to prevent discrimination or bias.
- The New York City Fair Chance Act prohibits NYC employers with at least four employees from inquiring about applicants’ criminal records before extending a job offer.
- If you believe you’ve experienced employment discrimination, disqualification, or retaliation based on your criminal record, Joseph & Norinsberg’s New York attorneys can help.
In New York, many workers believe that having a criminal record automatically prevents them from getting a job, promotion, or fair treatment. This fear can cause immense stress, frustration, and a fear of being judged or penalized for past arrests or convictions, no matter how long ago they occurred. However, under state and city law, employers cannot discriminate against or disqualify applicants or employees solely because of past convictions.
Can Employers Discriminate Based on Arrest or Conviction Records in New York?
No, most employers can not discriminate based on arrest or conviction records in New York. Article 23-A of the New York Correction Law and the New York City Fair Chance Act both protect workers from automatic disqualification and employment discrimination based on criminal history. The law requires employers to conduct individualized assessments and consider rehabilitation factors when making employment decisions.
Under the Fair Chance Act, it is illegal for all New York City employers with at least four employees in NYC to ask about applicants’ criminal records before making a job offer. Once the employer makes a conditional job offer, it may request information about the applicant’s conviction history and conduct a criminal background check with the applicant’s permission.
Similarly, Article 23-A provides that no application for a license or employment, and no employment or license already held by an individual, can be denied or acted upon adversely because of their previous conviction of one or more criminal offenses. This includes actions citing a lack of “good moral character” when that finding is based on previous convictions. However, employers can consider the bearing the offense will have on the person’s ability to perform job duties and the legitimate interest of the employer in protecting their property, safety, and welfare.
How Does Arrest and Conviction Record Discrimination Occur?
Misinformation or errors in background checks often exacerbate discrimination. For example, many employers are unaware that if a person is conviction-free for at least seven years, research shows the likelihood of a future arrest is about the same as for someone who has never been convicted of a crime.
Some of the most common ways workers and applicants may face discrimination based on their criminal record include:
- Automatic disqualification on applications or resumes
- Job offers revoked after background checks
- Denial of promotions or training opportunities
- Termination after a past conviction is discovered
- Misuse of sealed, expunged, or youthful offender records
- Consideration of arrests that did not result in a criminal conviction
What Are Your Legal Rights Under Article 23-A and the NYC Fair Chance Act?
Article 23-A requires employers to use an eight-step analysis system to determine whether to hire an applicant with a prior conviction. This law aims to eliminate bias and illegitimate obstacles for individuals with prior convictions while still protecting society’s interest in hiring reliable and trustworthy job candidates.
The eight factors agencies must consider when evaluating an applicant with a previous conviction include:
- NYS’s public policy of encouraging the employment of people with prior convictions
- The specific duties related to the job
- The bearing, if any, that the criminal offenses have on the person’s ability to perform the job duties
- The time that has elapsed since the occurrence of the offense
- The age of the person at the time of the offense
- The seriousness of the offense
- Any information produced by the applicant regarding their rehabilitation or good conduct, including education records, references, counseling records, and volunteer work
- The legitimate interest of the employer in protecting their property, and the safety and welfare of individuals and the general public
Common Illegal Employer Actions Related to Criminal History
If you believe you have experienced employment discrimination related to your criminal history, it’s crucial to document every related action and communication and keep them as records. Some of the most common illegal employer actions related to criminal history that you should take note of include:
- Rejecting applicants without a Fair Chance Act process
- Asking about arrests not resulting in convictions
- Using criminal records as the sole reason to fire or demote
- Ignoring employee responses to background checks
- Retaliation for challenging discrimination
- Failing to provide a timely written statement with reasons for employment denial on request
Common Signs You Were Discriminated Against Because of Your Criminal Record
Several indicators may show you have been discriminated against in the hiring process or during your employment based on your criminal record, including the following:
- A job offer was revoked after a background check.
- The employer has cited your criminal history but has refused to consider rehabilitation factors.
- You were terminated or demoted following the disclosure of your record.
- The employer has misrepresented their decision-making process.
- Background check errors were ignored or used against you.
There are two circumstances in which New York law allows an employer to legitimately deny employment based on prior convictions. The first is when there is a direct relationship between the offense and the employment sought. The second is when the employment would involve an unreasonable risk to property or people.
What Compensation Can You Recover After Workplace Criminal Record Discrimination?
The compensation you may be able to recover for employment discrimination based on your criminal record depends on the specifics of your case. Some potential damages workers may be entitled to include the following:
- Back pay
- Front pay
- Emotional distress damages
- Punitive damages, where applicable
- Attorney’s fees
- Reinstatement or reconsideration for the position
Why Choose Our New York Arrest and Conviction Records Discrimination Attorneys
At Joseph & Norinsberg, our New York City employment lawyers have over 75 years of combined experience and a 90% success rate fighting for the rights of workers. We have a significant track record of fighting for clients who have experienced workplace discrimination, sexual harassment, and labor violations.
With a deep understanding of Article 23-A, the NYC Fair Chance Act, and federal anti-discrimination laws, our attorneys work diligently to hold employers accountable and protect workers’ rights. We provide aggressive negotiation and litigation strategies, as well as compassionate, judgment-free representation, for workers rebuilding their careers, including those who have been convicted of a crime. Our attorneys provide legal services in English and Spanish to best serve our New York City community.
I think that the firm also just brings a certain level of passion and intensity, high energy, to all of the cases that we handle, and we fight for our clients really relentlessly to the bitter end until we get what they deserve.
How Joseph & Norsinberg Can Help After Discrimination
If you’ve experienced employment discrimination or retaliation based on your arrest or conviction record, Joseph & Norinsberg can help you prove that discrimination occurred. Our experienced New York attorneys will take the following steps to protect your rights.
- Evaluate your claim and determine whether your rights were violated.
- Gather evidence, including communications and background check reports.
- Prepare Fair Chance Act responses if job offers are at risk of being withdrawn.
- Negotiate with employers for compensation or reinstatement.
- File complaints with the NYC Commission on Human Rights, the NYSDHR, or in court, as needed.
What Our Workplace Discrimination Clients Are Saying
At Joseph & Norinsberg, testimonials from our previous clients demonstrate that our experience in employment discrimination law yields real results. Hear from some of our satisfied clients below:
Does It Matter Where the Discrimination Happens?
Employment discrimination can occur anywhere, including online applications, interviews, on the job, or during hiring events. Under New York laws, employer responsibility applies whenever criminal history affects employment decisions. However, note that the Fair Chance Act only applies to New York City businesses with more than four employees, although not all employees must be based in the city.
We often tell potential clients that employers have lawyers on their side on retainer, on speed dial, ready to protect the interests of the company. You should have the same protection, and therefore, if you get that feeling, it could be valid; explore it, don't hesitate, don't hold back. Explore it with an employment lawyer who can give you some good advice, and it could be life-changing advice, because you actually could be discriminated against and have a real claim.
When to Seek Legal Help for New York Arrest and Conviction Records Discrimination
If you believe you’ve experienced discrimination in employment due to your arrest or conviction record, acting early can strengthen your case. Additionally, filing deadlines may apply to your case, making it even more important to act with urgency. Seek legal help quickly if you have experienced any of the following:
- Job offer revoked after a background check
- Denied employment because of past convictions
- Illegal questions about arrest history
- Fair Chance Act procedures were not followed
- Termination, demotion, or different treatment after the employer learned of your record
Contact a New York Arrest and Conviction Records Discrimination Attorney
In New York City, virtually no employer can take away your fundamental right to work in an environment free of illegal discrimination and retaliation, even if you have been previously convicted of a crime. If your arrest or conviction history has unfairly impacted your job opportunities, you don’t have to face this alone.
At Joseph & Norinsberg, our New York arrest and conviction records discrimination attorneys fight to protect workers’ rights by holding employers accountable for discrimination. We provide a free, confidential consultation, so take the first step toward protecting your rights and reclaiming your future. Contact us online or call 212-227-5700 today.
An extensive track record of success has resulted in Jon becoming one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
Sexual harassment case against a luxury brand in the fashion industry (confidential).
Secured compensation for several years of lost wages, and emotional distress, and compensation for the physical assault.
Sexual harassment case settled against a large bio-tech company.