Long Island Lawyers Representing Clients in Criminal Record Discrimination Cases
You deserve to apply for jobs and to be hired regardless of whether you have a criminal record. Many New York residents who have been convicted of criminal offenses worry that they will not be able to secure employment even though they have served their sentences and are working tirelessly to make significant changes in their lives. If you have a criminal record, you should not have to fear that a criminal history will continue to follow you for the rest of your working life. You deserve a chance at a fresh start. While you may be concerned that a potential employer will discriminate against you because of a previous arrest or conviction on your criminal record, you should know that this kind of discrimination is unlawful according to New York law. If you have faced unlawful discrimination, or if you need assistance ensuring that you are treated fairly by an employer, our criminal record discrimination lawyers in Long Island are here to help.
New York Law Protects Against Criminal Record Discrimination on Long Island
Whether you live on Long Island or are simply applying for a job on Long Island, you should know that the New York State Human Rights Law protects you from criminal record discrimination. According to the New York Division of Human Rights, the law expressly protects New Yorkers who fall into any of the following categories:
- You have an arrest record even though you ultimately beat the charges you faced;
- You have an arrest record that has been sealed;
- You have a youth offender adjudication on your record; or
- You have been convicted of a criminal offense.
Protections for Long Island Workers with an Arrest Record, Sealed Record, or Youth Adjudication
How does the New York State Human Rights Law protect you? If you fall into any of the categories other than having a criminal conviction, a potential or current employer is prohibited from asking you about your criminal record on a job application or in any other situation, and employers are prohibited from discriminating against you on the grounds that you have a criminal record (other than a conviction) when you are seeking employment, a license, or insurance for a position.
The only exceptions involve jobs with governmental agencies that require the licensing of guns, firearms, or other deadly weapons, or in applications for employment as a police or peace officer.
Protections for Long Island Workers with Criminal Convictions
Even if you have a criminal conviction on your record, you still have rights and protections against discrimination. You are required to disclose the conviction to a potential or current employer if that employer requests the information, but you can only be denied employment or a professional license if one of the following is true:
- Your conviction is connected to the type of employment or professional license you are seeking; or
- Granting employment or the professional license would result in an “unreasonable risk to property or the safety and welfare of others.”
Seek Advice from a Long Island Criminal Record Discrimination Attorney
Were you denied employment unfairly because of a criminal record? You should know that this practice may constitute unlawful discrimination under the New York Human Rights Law, and our experienced Long Island criminal record discrimination attorneys can help you. Contact Ricotta & Marks, P.C. online or call our firm today at (347) 464-8694 for more information.