Staten Island Criminal Conviction Discrimination
The Staten Island criminal history discrimination attorneys at Phillips & Associates believe in the active pursuit of equality on behalf of workers. Philips & Associates possess a wide spectrum of legal knowledge in employment law and represent a multitude of workers in criminal conviction discrimination cases. Our firm’s long-standing dedication, compassion and expertise comprise the foundation brought to each and every employment matter for which we are hired.
Discrimination Against a Worker Because of a Past Crime
When someone is denied a job because of his or her past criminal conviction, then discrimination has taken place. More often than not, discrimination on the basis of a criminal conviction is due to an employer’s often-inaccurate perspective that once someone has a history of criminal behavior then they are forever bad people that will perform poorly at work. This kind of employment discrimination ignores the fact that many times after someone had a lapse in judgment, they will alter their future behavior after serving their time and learning from their mistakes. Past mistakes should not forever taint a person’s ability to obtain employment. Laws are in place, both at the Federal and State levels, to ensure that people are not impeded from getting hired by inequitable treatment by employers.
Employment Discrimination at Work Due to a Prior Criminal Record
There are many types of employment discrimination, and the type that results from an employer’s knowledge of a criminal conviction tends to happen most often when the prospective worker applies for the job. Various examples of this sort of unfair discrimination are:
- Questioning someone during an interview or on a job application about their potential history of arrest. (Inapplicable if a criminal case that is pending is asked about)
- Not granting someone’s request for an occupational license after learning he or she had been arrested (law enforcement agencies are excluded from this)
- If an employer learns of a prior arrest that did not lead to conviction but still refuses to offer the job
Other examples of inequitable employment discrimination are a steep decrease in work hours or refusal to grant a raise or promotion even when it has been earned. If you suspect that you were the target of criminal conviction discrimination, call our criminal conviction attorneys specializing in discrimination to talk about your options. Call us today at (866) 229-9441 for a complimentary case evaluation.
In Staten Island, Criminal Conviction Discrimination Is Illegal
The Equal Employment Opportunity Commission (EEOC) has created various benchmarks for employers to analyze in an effort to decrease the propensity for discrimination, but federal law does not outright prohibit criminal conviction discrimination.
However, in Staten Island, New York state laws proscribe discriminatory behavior by employers on the basis of an employee’s or prospective employee’s criminal record. With a few exceptions, New York law requires employers with a minimum amount of employees to avoid discriminating solely due to a worker’s record of prior crime unless: 1) a direct connection between the criminal conviction and the subject job exists; or 2) offering the job to the applicant would result in a high degree of risk to others’ safety or to property.
The direct connection referred to in the law focuses on the specifics of the criminal conviction and the way it might directly affect the worker’s capability to carry out the requirements of the specific job.
Furthermore, there are a number of factors that an employer needs to analyze prior to refusing the prospective employee’s request for employment. For example, these factors are: the number of months or years that have gone by from the date of the conviction, the age of the applicant on the day when the violation took place, the level of the crime, the policy interests of the state to make work available for prior offenders that have changes their ways, as well as others. If the employer turns-down the applicant for the job, he or she is required to be given a written decision explaining why they were not hired, no later than 30 days after it is asked for by the applicant.
Our Attorneys Can Help With Your Staten Island Employment Discrimination Claim
If you were mistreated during your attempt to get hired because the employer learned of a past criminal conviction, call our Staten Island criminal conviction discrimination lawyers as soon as possible to talk more about your options. Do not tolerate being victimized by an employer or potential employer. Our attorneys help wronged workers that were discriminated against throughout Staten Island and New York. We will aggressively pursue 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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