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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Boatwright v. OMRDD] NYC Supreme Court Finds Termination Based on 21-year-old Conviction Arbitrary and Capricious (2007)

  • Organization: Supreme Court of the State of New York, County of New York
  • Document Type: Case law/admin decisions
  • Date Created: Wednesday, April 18, 2007
  • Submitted: Thursday, May 03, 2007
  • Attachment(s): PDF

Petitioner was hired by United Cerebral Palsy (UCP) which operates under the auspices of the New York State Office of Mental Retardation and Developmental Disability (OMRDD). Petitioner's termination was "effectuated" when a background check returned a 21-year-old conviction for a Class E felony, which petitioner had previously disclosed to employer.

New York County Supreme Court found the decision to be arbitrary and capricious based on failure to consider the eight factors enacted by State law to establish reasonable procedures for preventing unfair discrimination in employment and licensure against individuals with prior criminal convictions.

The Court also draws distinctions between this case and Arrocha v. Board of Education, a case in which employment as a schoolteacher was denied based on a Class B felony that was less than 10 years old. The Court holds that the conviction in Arrocha was more serious and more recent, and that moreover in that case the Board of Education did evaluate and analyze each element of the statute.

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