The Sanders Firm, P.C.: New York Arrest Discrimination Lawyer

In New York City, The Sanders Firm, P.C. provides those who feel they have suffered arrest discrimination in applying for a job or in the course of their employment. Arrest discrimination is an especially complex area of the law in that federal law does not prohibit it specifically. Often such a case may be pursued by claiming race discrimination. However, both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) do protect job applicants and employees from discrimination associated with arrests and convictions.

Often employees or applicants will pursue claims of discrimination under Title VII of the Civil Rights Act of 1964, the NYSHRL and NYCHRL and in some cases, the Civil Rights Act of 1866, 42 U.S.C. §1981 and/or Civil Rights Act of 1871, 42 U.S.C. § 1983.

New York City a Broad Spectrum of Opportunities

New York City offers residents and workers a broad spectrum of opportunities when it comes to jobs and employment. The City is the financial capital of the world where multinational companies are headquartered; these companies requires qualified employees to perform a wide range of job duties, and job applicants come from diverse backgrounds, including those who may have been arrested and/or convicted of a crime in another country or in the United States. There is always the chance that someone can be the victim of arrest discrimination when applying for a job or when working for a company.

Applying for a Job

When applying for a job in New York State, a potential employer may not ask an applicant if they have ever been arrested, or charged with a crime they may ask if they have been convicted of a crime. Potential employers may also utilize background checks but they must inform the applicant that they are going to do so and the applicant has the right to review the information obtained in a background check. One reason for this is that information in background checks is often inaccurate. A study conducted in 1995 by the Legal Action Center (“Study of Rap Sheet Accuracy and Recommendations to Improve Criminal Justice Recordkeeping”) found that 87% of such checks contained at least one error.

Denial of Employment

It is unlawful to deny someone employment based on their criminal record. If this occurs, you have been a victim of arrest discrimination. There are two instances when a person may be denied employment due to their criminal record.

Employment may be denied if there is a “direct relationship” between the criminal offense committed and the job. A “direct relationship” is said to exist if the nature of the crime committed directly bears on the suitability or ability of the applicant to engage in the duties or responsibilities associated with job. In addition, if the applicant is deemed an unreasonable risk to property or safety and welfare of other, then employment may be denied. Risks can be to the general public or specific individuals.

Need to Take Action

The Sanders Firm, P.C. in New York is ready to meet with you if you feel that you have suffered arrest discrimination in applying for a job or while being employed. We will be happy to discuss your claim and after gathering information, reviewing documentation, and assessing facts offer advice regarding possible actions you may take. Contact The Sanders Firm, P.C., to discuss your claim. We are your voice for justice.