New York City Criminal Conviction Discrimination Attorneys

Direct Guidance for Criminal Conviction Discrimination in NYC

Criminal conviction discrimination in employment can involve both a past conviction and an employer’s assumptions about that record. Concerns can arise during hiring, after a conditional offer of employment, in promotion decisions, or when an employer takes another adverse action.

What rights do you have if a criminal record affects your employment? Our New York City criminal conviction discrimination lawyers at Brown Kwon & Lam can review the circumstances with you and explain your options.

How Can Criminal Conviction Discrimination Affect You?

When you have a criminal conviction on your record, you likely fear that it will impact your employment opportunities. A field experiment conducted by Yale students, reviewed “Ban-the-Box” (BTB) policies that limit an employer’s ability to ask applicants about criminal history. The goal is to limit disproportionate race discrimination against young African American applicants. 

In the study, employers were presented with applications of a variety of criminal and noncriminal backgrounds. There was a race gap for callbacks from companies that had enacted these BTB policies. Why? Because employers who did not have the information in front of them hired more white employees than people of color–a gap that grew from 7% to 45%.

New York Correction Law Article 23-A

New York Correction Law Article 23-A generally prohibits an employer from denying employment or taking adverse action by reason of one or more criminal convictions. It requires an individualized assessment, not an automatic rejection based on any conviction. The New York City Human Rights Law and the NYC Fair Chance Act provide separate protections for covered employment decisions in New York City.

An employer can’t rely on a general assumption that a conviction shows poor moral character. Under Article 23-A, a conviction may be considered in limited circumstances when it has a direct relationship to the job or creates an unreasonable risk to property or the safety or welfare of specific individuals or the general public.

When evaluating a conviction, Article 23-A considers:

• The public policy of New York State to encourage the employment of persons previously convicted of one or more criminal offenses
• The specific duties and responsibilities necessarily related to the position
• The relationship between the offense and the person’s fitness or ability to perform those duties
• The time that has elapsed since the offense
• The person’s age at the time of the offense
• The seriousness of the offense
• Any information produced by the person, or on their behalf, regarding rehabilitation and good conduct
• The employer’s legitimate interest in protecting property
• The safety and welfare of specific individuals or the general public

These considerations are evaluated case by case. New York public policy favors employment of people with criminal records, and evidence of rehabilitation and good conduct can be relevant. The factors don’t guarantee a hiring decision or determine every claim, but they can help show whether an employer conducted the required assessment.

Which Criminal Records May Be Protected?

Previous criminal convictions that have no influence on the position you seek should not hold you back. But, if you receive a criminal conviction while on the job, your employer can take action against you.

In addition, unlike other employment issues that the New York City Human Rights Law covers, an employer can ask an individual to disclose prior convictions. They can ask for this information at any time during employment. Failure to disclose the truth can result in termination or denial of employment. However, if your record has been sealed, you do not have to say you have been convicted of a felony or misdemeanor.

If you are undergoing a criminal background check for employment or you worry your past record will inhibit your ability to find a better job, you need legal help.

New York City Fair Chance Act Background Check Process

For most covered New York City positions, employers generally must first evaluate an applicant’s qualifications before asking about or considering criminal history and before conducting a criminal background check based on that history. A conditional offer of employment should come before that process.

If a covered employer is considering withdrawing a conditional offer because of criminal history, it generally must provide the applicant with the information it relied on, a written Fair Chance Analysis, and at least five business days to respond. Legal exclusions and exceptions can apply to certain regulated jobs, law-enforcement roles, and other categories.

Documents to Preserve After a Rescinded Job Offer

Preserving the timeline can make a meaningful difference when reviewing a criminal record discrimination concern. Keep original documents and write down dates, names, and what was said while the sequence of events is still clear.

Useful materials may include:

• The job posting, application, and interview communications
• The conditional offer of employment and background-check authorization
• The background report and correspondence from the employer or screening company
• The Fair Chance Notice, written analysis, termination notice, or discipline documents
• Documents showing an inaccurate, sealed, non-conviction, or otherwise protected record
• Evidence of rehabilitation and good conduct, such as education, training, work history, recommendations, counseling, or recognized certificates

We take time to understand each client’s circumstances and goals before discussing a legal strategy. Our attorneys communicate directly with clients and explain the next steps in clear terms.

Criminal Conviction Discrimination in New York City Employment

A previous conviction can affect hiring or current employment, but employers must follow applicable city and state protections.

Criminal-history treatment may also overlap with racially motivated discrimination, national-origin discrimination, retaliation, or another protected characteristic. We represent employees in employment discrimination matters, and our firm has obtained millions in recoveries and favorable judgments across employment disputes. Each situation requires an individual review of the employer’s communications, the applicable city and state protections, and the available records. 

For direct guidance about a background check, rescinded offer, or other criminal-history decision, contact our attorneys or call (212) 295-5828 now. Our criminal conviction discrimination lawyer in New York City can guide you.