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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Article 78 v. DOE] NYC Supreme Court, Petition to Review DOE's Denial of Employment Based on a 1984 Conviction (2008)

  • Organization: The Legal Action Center
  • Document Type: Legal memo
  • Date Created: Thursday, November 20, 2008
  • Submitted: Friday, November 21, 2008
  • Attachment(s): PDF

Article 78 proceeding against the New York City Department of Education ("DOE") on behalf of a client, SE, who was illegally denied a job working as a school drug and alcohol counselor because of his conviction history, even though his last contact with the criminal justice system was in 1984. The DOE turned him down despite the fact that he conquered the addiction more than 20 years ago that led to his convictions, has been a New York State Certified Alcohol and Substance Abuse Counselor since 1996, and has an extensive, consistent work history of over fifteen years in this field (one of his references stated he was "one of the most respected adolescent treatment professionals in XXX County"; he also submitted recommendation letters from other state employees and from his former probation officer, who now refers clients to him).

Note: Legal Action Center (LAC) negotiated a settlement agreement requiring the DOE to offer SE the first chance to interview for the next five school drug counselor positions that become available in the Bronx, or for as many such positions as become available in the Bronx for a one year period, whichever is longer, to pay SE $10,000 in settlement of his employment discrimination claims (which included claims for back pay), and to pay $4,000 to LAC.

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