Arrest/Conviction Discrimination

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
Share This:

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
Share This:

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
Share This:

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
Share This:

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
Share This:

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
Share This:

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…

Read More “Conviction Discrimination” Lawsuit Filed by Abner Louima Defendant Charles Schwarz Against Con Ed
Share This:

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…

Read More Special Needs Paraprofessional Entitled to “Second Chance” at Employment Following Conviction for Drunk Driving Assault
Share This:

In Godbolt v Verizon N.Y. Inc., the Appellate Division, First Department affirmed the dismissal of plaintiff’s claims that he was terminated from his employment on the basis of his race and past criminal convictions in violation of the New York State and City Human Rights Laws. “Defendant explained that it terminated plaintiff because he failed to…

Read More Court Holds That “Stray Remarks” Doctrine May Apply to Claims Brought Under the New York City Human Rights Law
Share This:

In Pickering v. Uptown Communications & Elec., Inc., the New York Supreme Court (Queens County) denied defendants’ motion for summary judgment on plaintiff’s “prior conviction” discrimination claim, but dismissed his race discrimination claim. Defendant Uptown, a contractor for Time Warner Cable of New York City, employed plaintiff as a cable technician. A criminal background check…

Read More Cable Technician’s Criminal Conviction Discrimination Claim Continues; Race Discrimination Claim Dismissed
Share This:
(212) 227-2100