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Criminal Record Discrimination: Disparate Treatment or Disparate Impact?

On the Federal Level, Criminal Record or Arrest History Discrimination can take two distinct forms:

Disparate Treatment Discrimination

According to Title VII of the Civil Rights Act of 1964, employers must give equal treatment to all employees with similar
criminal records, regardless of their race, national origin, age, gender, disability, pregnancy status or religion. This means that under this act all persons with similar felony convictions must be treated similarly with regard to employment exclusion, regardless of belonging to one of the above named groups.

Disparate Impact Discrimination

When potential employees are excluded based upon their criminal record, and the effect of this exclusion effects one particular group more than others, or “disproportionately,” the employer must show that these exclusions are “job related and consistent with business necessity” under Title VII to avoid liability.

Contact Ricotta & Marks, P.C.

Set up your free consultation at our offices in Queens or Long Island. Our criminal record discrimination attorneys can help. Call 800-240-9269. Learn more about how the lawyers at Ricotta & Marks, P.C. can help New Yorkers facing discrimination based on their criminal records here.

Additional Resource

What You Should Know About the EEOC and Arrest and Conviction Records.

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