Syracuse Criminal Conviction Discrimination Attorney
Under New York employment laws, it is illegal for an employer to discriminate against a current or potential employee based on certain protected characteristics, including age, sex, race, and religion. In certain situations, it is also against the law to discriminate against an employee based on his or her past criminal history.
If you believe that you have experienced discrimination based on your criminal record in New York, the lawyers at Gattuso & Ciotoli, PLLC can help. Our Syracuse criminal conviction discrimination attorneys can represent your case and help obtain the justice you deserve.
Why Choose Us
- Our firm specializes in employment discrimination claims and has helped employees throughout New York hold their employers accountable.
- Our Syracuse employment law attorneys have over 50 years of combined legal experience. We have the skills, resources, and knowledge necessary to craft a compelling case in your favor.
- We provide personalized attention to every client. You will always be able to ask questions and receive guidance throughout your claim.
Federal Laws on Criminal Conviction Discrimination
Many laws govern how an employer may request, access, and use criminal records when making employment decisions. According to Title VII of the Civil Rights Act of 1964, discrimination in every aspect of employment is illegal. Because certain groups see higher incarceration rates than others, an employer may be guilty of racial discrimination if it excludes all applicants with a criminal record.
According to the Equal Employment Opportunity Commission (EEOC), employers can screen applicants with criminal records depending on the following factors.
- The nature and gravity of the offense
- The length of time that has passed since the conviction
- The nature of the job
New York Protections Against Conviction Discrimination
Under the New York State Human Rights Law, employees must disclose information about any prior criminal convictions at the request of a potential or current employer. Employers with at least ten employees may not deny employment based on criminal history unless the following factors apply to the situation.
- Granting employment would invoke an unreasonable risk to property or the safety and welfare of others.
- There is a direct relationship between the conviction and the position.
When making an employment decision based on an employee’s criminal record, an employer must consider eight important factors.
- The seriousness of the offense
- The age of the applicant at the time of the offense
- The length of time that has passed since the conviction
- Any information that the applicant provides about his or her rehabilitation
- The duties and responsibilities of the job
- Whether the conviction would affect the applicant’s ability to perform the job
- The employer’s interest in protecting property and the safety of others
- New York’s policies that encourage employers to hire those with a criminal record
If the employer chooses not to hire someone based on his or her criminal record, the employee has a right to request a written statement. The employer must provide the statement, detailing the reasons why it chose not to hire the employee, within 30 days of the request.
Schedule Your Free Consultation
If you believe that your employer wrongfully discriminated against you based on your criminal record, you deserve justice. In these situations, the Syracuse criminal conviction discrimination attorneys at Gattuso & Ciotoli, PLLC can help.
Our lawyers can evaluate your claim and help you hold your employer accountable. Contact us today to schedule your free consultation and strategize your next steps.