Arrest and Conviction Record Discrimination in New York City

Your past arrest or conviction record should not define your future. Many New Yorkers face barriers to employment because of criminal history discrimination, even when they are fully qualified for a job. Employers often reject applicants, terminate employees, or impose unfair background check policies that violate city and state laws.

At Lipsky Lowe LLP, we fight for workers who have been denied job opportunities, unfairly fired, or discriminated against because of their criminal records. If an employer has unlawfully used your past against you, we can help you challenge their actions and protect your rights. Contact us today to get started with an experienced employment discrimination attorney. 

What Is Arrest and Conviction Record Discrimination?

Employers in New York City cannot automatically reject job candidates or employees based on an arrest or conviction record. Discrimination occurs when an employer:

• Refuses to hire a qualified applicant solely because of a criminal record
• Terminates an employee after learning about a past conviction, even if it has no impact on their job performance
• Fails to conduct an individualized assessment to determine if a conviction is relevant to the job
• Uses unfair background check policies that disproportionately impact certain communities
• Retaliates against employees who assert their rights under New York’s Fair Chance Act

If an employer has denied you an opportunity without proper consideration, they may have violated the law.

Legal Protections for Workers with Criminal Records

New York offers some of the strongest legal protections in the country for job applicants and employees with past arrests or convictions.

New York State Human Rights Law (NYSHRL)

State law prohibits employers from automatically rejecting job applicants based on their criminal history. Before making a decision, employers must assess whether the conviction directly relates to the job duties or poses an unreasonable risk.

New York City Fair Chance Act (FCA)

The Fair Chance Act, also known as New York City’s “Ban the Box” law, provides additional protections:

• Employers cannot ask about criminal history on job applications or during interviews.
• Background checks can only occur after a conditional job offer has been made.
• If an employer considers withdrawing a job offer, they must conduct an individualized assessment based on the nature of the conviction and the job’s requirements.
• Employees have the right to respond before a final hiring decision is made.
• Retaliation is illegal—an employer cannot punish an employee for asserting their Fair Chance Act rights.

Federal Protections

New York City’s Fair Chance Act follows the Equal Employment Opportunity Commission (EEOC) guidelines on arrest and conviction record discrimination. These guidelines help ensure fair hiring practices, prevent employers from unfairly disqualifying applicants based on their criminal history, and give individuals a meaningful opportunity to reenter the workforce.

If an employer fails to follow these laws when making a hiring or firing decision, you may have legal options.

How Workers Can Protect Their Rights

If an employer rejects you based on your criminal record, you should take the following steps:

• Know when employers can and cannot ask about your record. Under New York City law, they cannot ask before making a job offer.
• Understand your rights under the Fair Chance Act—employers must conduct a fair, individualized assessment before making a decision.
• Request a copy of the employer’s assessment if they withdraw a job offer based on your criminal history.
• Keep records of job applications, hiring communications, and any discriminatory actions.
• Speak with an employment lawyer if you suspect an employer has violated your rights.

Many workers do not realize that they can challenge unlawful hiring practices or seek compensation for job denials and wrongful terminations.

How Lipsky Lowe LLP Can Help

We represent employees who have been denied jobs, terminated, or retaliated against because of their arrest or conviction record. If an employer used unfair hiring practices, ignored Fair Chance Act protections, or failed to conduct a proper assessment, we can help you fight back.

Our team will review your case, challenge discriminatory policies, and hold employers accountable for violations of New York law. Whether through negotiation, settlement, or legal action, we explore all options to secure the best possible outcome for you. If an employer has unfairly used your past against you, we are ready to stand by your side.

Your Criminal Record Shouldn’t Limit Your Future

If you were denied a job or fired due to an arrest or conviction record, turn to Lipsky Lowe. We fight for workers in New York City who are facing discrimination in terms of criminal record. Contact us today for a consultation, and let us help you protect your rights.