Arrest/Conviction Discrimination

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In Suarez v. Mosaic Sales Solutions US Operating Co., LLC, 2018 WL 357540 (2d Cir. 17-2344 Jan. 11, 2018), the Second Circuit affirmed the dismissal of plaintiff’s claim under the New York City Fair Chance Act, N.Y.C. Admin. Code § 8-107(11)(a), based on defendant’s failure to follow certain procedures before rescinding plaintiff’s job offer after discovering,…

Read More 2d Circuit Affirms Dismissal of NYC Fair Chance Act Claim; Amount-in-Controversy Element Not Satisfied
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Here is an excerpt from the NYC Commission on Human Rights’ November 16, 2017 press release regarding its efforts to enforce the recently-enacted Fair Chance Act: The NYC Commission on Human Rights announced charges today against 12 local and national businesses for violating the Fair Chance Act, including Estée Lauder, Family Dollar, Kroll Associates, Tavern on…

Read More NYC Commission on Human Rights Files Complaints Against Several Companies for Violating the Fair Chance Act
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From McClarence v. International Union of Operating Engineers Local Union, 2017 WL 3887883, at *2 (E.D.N.Y., 2017): In this case, McClarence’s complaint fails to state a claim under Title VII. McClarence has asserted a bare-bones claim that he was discriminated against on the basis of race or color, but has not identified himself as a…

Read More Complaint Fails to State Title VII, ADA Claim Based on (Unspecified) Race, Criminal Conviction, or Drug Test
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In Griffin v. Sirva, Inc., No. 35, 2017 WL 1712423 (N.Y. May 4, 2017), the New York Court of Appeals addressed three certified questions – posed to it by the U.S. Court of Appeals for the Second Circuit[1]Griffin v. Sirva Inc., 835 F3d 283 (2d Cir. 2016) – regarding liability under the New York State…

Read More Court of Appeals Clarifies Liability Under the NYS Human Rights Law Regarding Discrimination Based on Criminal Conviction
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In Schwarz v. Consolidated Edison, Inc., 2017 NY Slip Op 00927 (App. Div. 1st Dept. Feb. 7, 2017), the First Department affirmed the lower court’s dismissal of plaintiff’s employment discrimination complaint. In this case, plaintiff “alleges that defendant Consolidated Edison, Inc. [] denied him employment based on his 2002 perjury conviction, and prior assault-related convictions, which subsequently were…

Read More First Department Affirms Dismissal of “Conviction Discrimination” Claim By Former NYPD Officer Involved in Abner Louima Case
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In Griffin v. Sirva Inc., No. 15-1307, 2016 WL 4524466 (2d Cir. Aug. 30, 2016), the U.S. Court of Appeals for the Second Circuit identified so-far unanswered questions relating to liability under Section 296(15) of the New York State Human Rights Law, which prohibits the denial of employment on the basis of a criminal conviction.…

Read More 2nd Circuit Certifies Three Questions to the NY Court of Appeals Regarding Liability Under the NYS Human Rights Law’s Provision Prohibiting Denial of Employment on the Basis of a Criminal Conviction
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In Matter of Boone v New York City Dept. of Educ., 2016 NY Slip Op 26240 (Sup. Ct. NY Cty. July 12, 2016), the court held that a prior conviction for petit larceny should not have barred an employee’s attempt to become a school bus attendant. The court granted the petitoner’s CPLR Article 78 petition, finding…

Read More Petit Larceny Conviction Should Not Have Barred Employment as School Bus Attendant; Correction Law Article 23-A Factors Applied
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In Matter of Belgrave v. City of New York, 2016 NY Slip Op 01548 (App. Div. 1st Dept. March 3, 2016), the First Department addressed an issue of first impression, namely whether a law enforcement agency (here the NYPD), may refuse to hire an applicant seeking employment with that agency as a civilian, without regard to…

Read More Felony Conviction Properly Barred 911 Dispatcher From NYPD Employment, Court Holds
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In Schwarz v. Consolidated Edison, Inc., 2015 NY Slip Op 25258 (Sup. Ct. NY Cty. Aug. 3, 2015), the court dismissed the discrimination complaint brought by Charles Schwartz against Con Edison under CPLR 3211(a)(7) for failure to state a claim. Mr. Schwartz – one of the police officers involved with the Abner Louima case (and who…

Read More Court Dismisses Abner Louima Officer’s Conviction Discrimination Complaint Against ConEd
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On June 29, 2015, Mayor Bill de Blasio signed law number 2015/063, a Local Law to amend the NYC Administrative code in relation to prohibiting discrimination based on one’s arrest record or criminal conviction. The amendments are reflected here (website URL here). The law, also known as the “Fair Chance Act“, was effectively designed to “ban the…

Read More NYC Law Amended to “Ban the Box” Pertaining to Arrest Record or Criminal Conviction
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