Queens Criminal Conviction Discrimination

Queens Criminal Conviction Discrimination

The Queens criminal conviction discrimination lawyers at Phillips & Associates are tireless advocates on behalf of workers that have been subject to discrimination in the workplace. Philips & Associates are recognized for having extensive expertise regarding employment discrimination matters and our commitment to the pursuit of equality in the workplace. Our firm fights for justice for workers that have been victimized by an employer. Our knowledge, dedication and integrity form the basis upon which every criminal conviction discrimination case is pursued.

What is Meant by Criminal Conviction Discrimination?

Essentially, criminal conviction discrimination is the employer’s denial of an employment opportunity to an applicant as a result of the applicant’s past criminal history. If the applicant engaged in a crime in which he or she was convicted, then the employer might illegally use its knowledge of that prior conviction as an excuse to not hire that individual. The employer’s rationale for this inequitable conduct is based on its belief that the applicant’s prior criminal conviction history renders him or her prone to be deceptive or not trustworthy. Regrettably, this sort of discrimination often does not take into account that commonly someone engaged in a past criminal act may adjust his or her pattern of conduct to avoid further criminal consequences. No person should be forever punished when they have amended their past ways and served their time.

Criminal Convictions Are Used by Some New York Employers to Illegally Discriminate

There are many kinds of criminal conviction discrimination. However, the most recurring type of discrimination takes place when the job applicant tries to get hired. Some common examples include unlawfully withholding occupational licenses, asking improper questions in an application for employment, and refusing to hire a person based solely on their criminal past. If you think you have been victimized because of a criminal conviction on your record, call our criminal conviction discrimination lawyers to talk about your options. Call today at (866) 229-9441 for a free initial consultation.

Criminal Conviction Discrimination is Not Allowed in Queens or Elsewhere in New York State

The Equal Employment Opportunity Commission (EEOC), part of the Federal government, has set forth explanatory information regarding how employers can minimize the chance that they will engage in discrimination. This information provides guidance to employers so they can better determine what is or is not unlawful discriminatory conduct.

The EEOC’s explanatory information suggests considering issues such as: the nature of the crime that resulted in the conviction; how much time has passed since the conviction or punishment; and the potential responsibilities of the job, whether the person would have a supervisor on site, and the extent of interaction with co-workers.

While the EEOC’s guidelines are for informational purposes only, in Queens, as well as throughout New York, discrimination for a worker’s past criminal conviction is not acceptable or lawful. Exclusive of law enforcement jobs, New York Law provides that employers having in excess of a particular number of workers are not allowed to discriminate solely due to a criminal conviction unless: 1) a direct relationship exists between that prior conviction and the job for which the worker would be hired; or 2) the hiring of the worker might pose a threat to property or the safety of others.

A direct relationship, as set forth in the law’s terms, is when the past criminal conviction directly overlaps with that worker’s ability to do the work called for by the particular job at issue. 

Moreover, if an employer takes into account the worker’s prior conviction, it also has to consider a number of factors before making the decision not to hire that worker. Here are several of such factors:

  • The time that has went by from the date of the conviction through present;
  • What the applicant’s age was at the time he or she was convicted;
  • If the crime was severe or not; and
  • The state’s public policy considerations which involve providing available employment to the state’s citizens.

If despite engaging in a factor-by-factor analysis the employer will not hire the applicant, then it has to give to that applicant a written explanation that details the reasons why they were not hired. The written explanation must be provided by the employer no later than 30 days after the applicant asked for it.

Criminal Conviction Discrimination Attorneys at Phillips & Associates Can Help

If you ever applied for employment and were unlawfully treated because of a prior criminal conviction, call our Queens criminal conviction lawyers immediately to discuss your available options. Do not be a victim of unlawful employment discrimination. Our lawyers represent victims of criminal conviction discrimination cases throughout Queens and New York state. We will fight for your rights to fair treatment. Call Phillips & Associates today for a complimentary initial consultation (866) 229-9441 or Contact Us online

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