Lockport, NY asked in Employment Law and Employment Discrimination for New York

Q: I was denied employment by a temp agency based on my criminal history.

I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that I am currently in treatment court for. The Temp agency send me an Email stating;

"After having our Legal team review the results of your background investigation paired with the information that you provided to me over the phone, it has been determined that due to the adverse information reported, it is in the best interest of Acara Solutions and our customer, Advanced Energy Industries, to discontinue the onboarding process"

They gave no further explanation as to why it is not in their best interest to continue with the onboarding process even though the client company said I was a good fit and that I had the Job.

1 Lawyer Answer
Jimmy M. Santos
Jimmy M. Santos
  • Employment Law Lawyer
  • Cornwall, NY
  • Licensed in New York

A: In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the length of time between the criminal conviction and the time on the employer's decision to withdraw the offer.

The main factors which the employer must consider are: "[whether] (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or

(2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.""

You should contact an employment discrimination attorney to determine whether you have a case discrimination based on your criminal conviction. Good luck you.

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