Criminal Record Discrimination
If you paid your debt to society after committing a crime, you may rightly feel that you should be able to move on and put your past behind you. However, many employers will force you to continue to pay for your criminal history by refusing to hire you. Though this discriminatory practice is all too common, it is against the law. Fortunately, New Yorkers facing discrimination based on their criminal records can turn to White, Ricotta & Marks, P.C., for help.
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At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.
Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.
Other Employment Law Issues
Discrimination Based on Your Background Check
As long as the crime is unrelated to the job you apply for, it is illegal for employers to discriminate based on a criminal record. For example, if you were arrested at age 16 for fighting and are applying for a job as a physical therapist, the crime is not related to the work. Therefore, it is unlawful for the employer to refuse to hire you based on your criminal record.
It is legal for the employer to refuse to hire a candidate based on a criminal record if there is a connection between the crime and the nature of the work. For instance, if you were arrested for embezzlement and are seeking work in the securities industry, employers can legally discriminate based on your criminal record.
If an employer refused to hire or promote you based on an unrelated crime from your past, you may be a victim of criminal record job discrimination. Our employment lawyers will take aggressive action to address the underlying discrimination.