The New York State Human Rights Law and New York Corrections Law prohibit employers from discriminating against employees on the basis of the employee’s prior criminal conviction status. In August 2016, New York’s federal appellate court was faced with three questions arising from a criminal conviction discrimination case. The federal court asked New York’s highest court for help in deciding the issues. On May 4, 2017, New York’s Court of Appeals issued a decision discussing who can be liable for criminal conviction discrimination in New York.
The facts below are taken from the cases Griffin v. Sirva, Inc. decided by the Second Circuit Court of Appeals and the New York Court of Appeals.