New Jersey And New York Attorneys Fighting For Employees Impacted By Arrest Or Criminal History Discrimination
Past convictions should not define the future of your career. At Fisher | Taubenfeld LLP, our attorneys represent employees who have been impacted by arrest and criminal record discrimination, helping them protect their careers and their rights.
Can Employers Ask About Past Arrests Or Convictions During The Hiring Process In New York?
New York State and New York City laws prohibit employers from considering prior arrests that did not result in a conviction. However, an employer may ask about and consider open criminal matters that have not yet been resolved. Employers may inquire about criminal history only after extending a conditional offer of employment.
New Jersey and New York City law both prohibit most employers from asking about criminal history on a job application.
If asked about arrests or convictions on a job application, applicants are only required to disclose open arrests and convictions. If the applicant does not have any open arrests or prior arrests that resulted in convictions, he or she may answer “no” to these questions.
Applicants should not lie on a job application. If an employer finds out that the applicant lied, it may refuse to hire the applicant.
Similarly, if an employer finds out that an employee lied previously, the employer may fire the employee for lying. An applicant who has been convicted of a crime is entitled to know in writing within 30 days the reason an employer has refused to hire him or her.
The Details Matter When Employers Consider A Past Conviction
An employer may refuse to hire an individual (or may fire an employee) based on a previous criminal conviction if: (1) there is a direct relationship between the prior conviction and the job for which the employee is applying, or (2) hiring the applicant would pose an undue risk to property or safety of others in the workplace.
In determining whether there is a direct relationship between an individual’s prior conviction and the job for which he or she is applying, an employer must consider:
- Whether the prior conviction would affect the individual’s ability to perform his or her job duties and responsibilities
- When the last conviction occurred
- The individual’s age at the time of conviction
- Seriousness of the crimes committed
- Whether there is any particular need to protect property, the public or a specific group of people
- Any information provided regarding rehabilitation (positive changes made since the conviction or good conduct)
- Whether the individual obtained a “Certificate of Relief from Disabilities” or a “Certificate of Good Conduct”
Note that an employer with fewer than four employees is not bound by these rules.
Have You Been Denied A Job Because Of A Criminal Record? Contact Fisher | Taubenfeld LLP.
Seeking justice in New York or New Jersey can begin with free and confidential phone consultation with our team. Contact us online or call 646-741-3490, to speak with us about workplace discrimination.