Criminal Record Discrimination

Criminal Record Discrimination Lawyers  

What is Criminal Record Discrimination 

Employment Discrimination based on criminal record is against the law.  Criminal conviction discrimination is also known as criminal history discrimination, and takes place when someone is denied a job or promotion, or is terminated by an employer based on a criminal record.

Fortunately, the criminal record discrimination attorneys at White, Hilferty & Albanese can help protect the rights of New Yorkers who face criminal record discrimination.  Call 24/7 at 646-698-8990  or Contact us online to schedule your free consultation.

Laws Prohibiting Criminal Record Discrimination 

There are various federal, state, and local laws that apply to whether you are protected against employment discrimination based on criminal history.  An employer cannot use your criminal record against you if the work is unrelated to the offense.  For example, if you were arrested for fighting at age 16 and are applying for a job as a physical therapist, the job is considered unrelated to the crime. Therefore, the employer cannot use your criminal record as a reason not to hire you.

Under Article 23-A of the New York State Corrections Law, employers are prohibited from denying a job because of criminal history if there is no direct connection between the crime and the nature of the job. If you are denied a job shortly after disclosing a criminal conviction, you should speak with an employment attorney.  The New York State Human Rights Law also prohibits employers from asking applicants about arrests or accusations if there is no actual conviction.   In New York City, under the Fair Chance Act, it is illegal for most employers to ask about the criminal record of job applicants before making a job offer.

Under Title VII of the Civil Rights Act which is enforced by the EEOC, employers must treat someone’s criminal history in the same manner when making employment decisions for all employees. Also, the Fair Credit Reporting Act requires employers need permission for conducting criminal background checks, and can only use them for employment purposes.

It is legal, however, for a potential employer to not hire an employee if the crime is related to the nature of the work. If you were arrested for embezzlement and are applying for a job in the securities industry, your criminal record is relevant. In cases such as these, it is lawful for the employer to refuse to hire you based on your criminal record.

Contact a Criminal Record Discrimination Lawyer  

If you believe that an employer did not hire you or prevented you from advancing in your career based on an unrelated crime in your past, you may be a victim of criminal record job discrimination.  The best thing you can do is speak to an employment attorney to evaluate your claim and take necessary action to protect your rights.  Call 24/7 at 646-698-8990  or Contact us online to schedule your free consultation.