Criminal Conviction Discrimination

Bronx Criminal Conviction Discrimination

The Bronx criminal conviction discrimination attorneys at Phillips & Associates regularly handle criminal conviction discrimination cases and are well-known for their dedication to workplace equality. Philips & Associates represent workers in employment discrimination claims and will apply their years of experience, dedication and knowledge to pursue the best possible results in your criminal conviction discrimination case. Our firm prides itself on helping employees and job applicants enforce their rights to equal treatment in the workplace.

Employment Discrimination Includes Unfair Treatment Due to a Past Criminal Conviction

When an individual seeks a job and the employer discovers that individual had a past criminal conviction, then the employer’s denial of the job because of the past conviction constitutes unlawful employment discrimination. Usually this sort of discrimination takes place because an employer possesses the inaccurate view that an applicant who has a criminal record can never again be a suitable employee. It is inequitable to punish a job applicant for behavior that has already been subject to punishment and that often times the applicant will never again engage in. The State legislature values a worker’s rights to find employment and have enacted laws making this variety of employment discrimination actionable.

Being Discriminated Against Due to Your Criminal Record?

Employment discrimination, particularly on the grounds of your criminal conviction, can appear in several ways. It most often will take place when someone is seeking a job and has not yet been hired. Examples of this inequitable form of discrimination can include asking prohibited questions during an interview or application process, denying a request for an occupational license, or rejecting an applicant based solely on their criminal past.

If you feel that your employer may have engaged in any sort of unfair employment practice after finding out about your criminal conviction, please contact one of our employment discrimination attorneys as soon as possible to discuss your potential case. Call us at (866) 229-9441 for a no-cost initial case evaluation.

New York Law Protects Your Employment Options

With the narrow exception of law enforcement positions, in New York and the Bronx, workplaces employing a specific number of employees cannot discriminate against a worker solely because of their prior criminal conviction unless:

1) a direct nexus exists connecting the past conviction and the work that is being applied for; or 2) safety concerns are implicated or property is put at risk if that applicant were hired.

The direct nexus aspect of the law at issue refers to the requirement that the criminal behavior involved would directly influence the employee’s capability to adequately do his or her job. And if the employer considers the applicant’s prior criminal records, it must also weigh several factors before issuing a refusal to hire. Here are an example of the applicable factors:

  • How long it has been since the conviction;
  • How old the applicant was when he or she was convicted;
  • How egregious was the offense; and
  • The state’s interests in promoting the public policy of having jobs available for the public.

If the conviction still forms the basis of the employer’s denial, then it must give the prospective employee a written document explaining why he or she was rejected, within 30 days of the prospective employee’s request.

Our Employment Discrimination Lawyers Are Here to Help

If you tried to obtain employment but were mistreated by the employer due to your criminal record, call our Bronx criminal conviction discrimination lawyers today for help. Do not be subject to an employer’s unfair treatment and do not let your rights go unenforced. Our attorneys take on criminal conviction discrimination matters throughout the Bronx. We work tirelessly to enforce your rights to equal treatment. Call Phillips & Associates to schedule a free initial consultation (866) 229-9441 or Contact Us online.

What Our Clients Say:

    "He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone."

    - Margaret

    "Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination."

    - Massimo

    "He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry."

    - Karen