Arrest/Conviction Discrimination

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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
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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
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In Martino v. Consolidated Edison Co. of N.Y., Inc., 105 AD3d 575 (App. Div. 1st Dept Apr. 18, 2013), the First Department held that New York’s “conviction discrimination” law (NY Correction Law Article 23-A, §§ 750-755) does not protect an employee from discipline/termination due to convictions and arrests incurred while they are employed. The court explained: Defendant…

Read More First Department Holds That New York’s “Conviction Discrimination” Law Does Not Protect Employee Where Conviction Occurs During Employment
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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
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