Criminal Conviction Discrimination

Brooklyn Criminal Conviction Discrimination

The Brooklyn criminal conviction discrimination attorneys at Phillips & Associates are renowned for their advocacy on behalf of victims of workplace discrimination. Phillips & Associates are reputed for their broad knowledge about workplace discrimination issues and their dedication to pursuing workplace equality. Our firm is highly regarded for our pursuit of justice for those wronged by an employer. That diligence, proficiency and commitment is the foundation upon which every discrimination case is handled.

What Is Criminal Conviction Discrimination?

For the most part, criminal conviction discrimination occurs when an employee is denied a job opportunity due to his or her prior criminal record. If that individual was convicted of a crime, then a prospective employer might unlawfully hold that information against the individual and refuse to hire him or her. The employer’s perceived justification for such unfair treatment is due to a perception that if a worker has a criminal conviction, then that worker will never again be trustworthy or a good employee. Unfortunately, this variety of discrimination tends to overlook that frequently an individual will learn from past wrongdoings and alter his or her behavior to avoid another criminal encounter. No worker should be penalized for past lapses in judgment, particularly if that individual has been reprimanded and is now changed for the better. There are State-specific laws that proscribe employers from using prior criminal convictions as grounds to discriminate against potential hires.

There are multiple types of criminal conviction discrimination, but the most common discriminatory conduct happens at the time the applicant is seeking to be hired. Some examples of this type of unfair discrimination are excluding an individual from consideration for a position because of a criminal record, refusing to hire someone because of a prior arrest, or firing someone based solely upon discovering their criminal history.

Additional types of discrimination can occur when an employer cuts a worker’s hours or overlooks a worker for a raise or promotion solely because of the criminal conviction on record. If you feel you have been victimized because you have a criminal conviction on your record, call one of our Brooklyn criminal conviction discrimination lawyers to discuss your available options. Call now at (866) 229-9441 for a complimentary initial consult.

New York State Law Protect Individuals With Criminal Records Seeking Employment

New York State law offers legal protections for individuals with a criminal record seeking employment. Aside from certain exceptions, such as positions in law enforcement, New York law states that employers having a specific number of employees are not allowed to discriminate solely as a result of an employee’s criminal conviction unless: 1) a direct relationship exists between a past conviction and the work that the employee is seeking; or 2) agreeing to hire that worker will likely pose a risk to property or implicates a safety concern.

A direct relationship, in the terms of the law, is one in which the criminal conviction at issue directly intertwines with that employee’s capacity to carry-out his or her job responsibilities. Further, if an employer considers the applicant’s prior conviction, the employer also has to weigh several factors prior to refusing to hire that worker. Included in this list of factors is:

  • the time that has gone by since the date of the past conviction;
  • the age of the applicant when the offense was committed;
  • the magnitude of the crime; and
  • public policy interests of the state to have its citizens find suitable employment despite having prior histories.

If an employer nonetheless refuses to hire the applicant, then it must provide a written explanation to that applicant describing why he or she was not hired, and do so no later than 30 days after the written explanation is requested.

Our Attorneys Can Help if You Are a Victim of Criminal Conviction Discrimination

In the event you applied for work and were mistreated due to a past criminal conviction, call our Brooklyn criminal conviction attorneys today for guidance with your matter. Do not be a victim of an unfair employment practice. Our attorneys take on criminal conviction discrimination cases in Brooklyn and all through the state of New York. Do not let yourself be subject to workplace discrimination. Call Phillips & Associates to schedule a no-charge initial consultation (866) 229-9441 or Contact Us online.

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