Arrest/Conviction Discrimination

In Carrington v. New York State Off. for People With Dev. Disabilities, 2019 NY Slip Op 01887 (App. Div. 4th Dept. March 15, 2019), an employment discrimination case, the court affirmed the lower court’s order granting defendant’s pre-answer motion to dismiss plaintiff’s complaint – alleging discrimination based on prior criminal conviction in violation of the…

Read More Criminal Conviction Discrimination Case Properly Dismissed as Untimely, Court Holds

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

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

Today the EEOC issued its Enforcement Guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. Unlike New York law, federal law does not specifically prohibit discrimination based on arrest or conviction records.  However, federal law does prohibit discrimination on the basis of…

Read More EEOC Issues Guidance on Employers’ Use of Arrest and Conviction Records Under Title VII