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What You Need to Know About Failure to Hire Lawsuits


Finding a job can be a stressful and time consuming process. From making a new resume, conducting a job search or preparing for interviews, the last thing you want is to put in all that effort only to find out that you have been rejected by a potential employer. Although there are many valid reasons any employer can use to decline an offer of employment, it is unlawful for an employer to refuse to hire you, for example, because of your age, pregnancy, race, national origin, religion, gender disability or sexual orientation. If proof exists that a discriminatory reason was the reason why you did not get the job, you may be able to file a claim for “failure to hire.”

In New York, other situations that may give rise to a “failure to hire” lawsuit are:

  • Credit History: In New York, for the most part, employers may not run a credit check on your or ask you to sign a document authorizing it to conduct a credit check. Also, employers cannot ask you about your payment history, credit worthiness, credit standing or how much credit you have. Simply put, your credit cannot be the reason why an employer fails to hire you.
  • Criminal Backgound: New York law gives applicants a number of protections when it comes to employer use of criminal records in making hiring decisions. All employers in New York City with at least four employees are prohibited from making any inquiry into a job applicant’s criminal history until after a conditional offer of employment has been extended to that applicant. This prohibition substantially increases existing federal and state regulation (including the federal Fair Credit Reporting Act) concerning use of third-party vendors to run background checks.
  • Workers’ Comp Claims: It is illegal for an employer to refuse to hire you because you have filed for workers’ compensation in the past. While there are certain exceptions, you can file a claim against an employer that declines to hire you because you have previously collected workers’ comp benefits.

Speak to an Employment Law Attorney

Hiring lawsuits can be complicated and require a significant amount of proof, which is why you need to hire a skilled lawyer to oversee your lawsuit. Our team of employment law attorneys are here to help you uphold your rights and secure a fair case result. We can review the details of your situation and build a strong legal strategy that will allow you to obtain the justice you deserve. Let us put our 100 years of combined experience to work for you today.

Call (646) 490-0221 to schedule your free consultation with one of our New York employment law attorneys.

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