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Arrest / Conviction Discrimination

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

In a February 19, 2015 New York State Court lawsuit, captioned Charles Schwarz v. Consolidated Edison, Inc. et al., plaintiff asserts that he was unlawfully terminated because of his decade-old conviction for perjury in connection with the notorious Abner Louima police brutality case. Plaintiff alleges, among other things, that defendants terminated him from his position as […]

In Thomas v. New York City Dept. of Educ., the New York Supreme Court held that the Department of Education erred by denying petitioner – a paraprofessional who worked with special needs children at the Department of Education – reinstatement following his termination due to a conviction for drunk driving assault. It annulled, under CPLR Article […]