Formerly incarcerated persons are used to the door getting slammed in their faces when applying for jobs. Many companies refuse to hire those with a prior conviction. (See Reentry Central News 65 Million Americans with Criminal Records Shunned by Employers 3/28/11) But one 38 year-old New York resident, who twice served time in prison for robbery convictions, believes barring ex-prisoners from employment opportunities is discriminatory.
In February, Robert Smith applied online for a job at a Red Lobster restaurant in New York City’s bustling Times Square area. The restaurant was looking for workers, and Smith, who previously held the position of line cook at Applebee’s for six years after he was released from incarceration in 2000, believed that he had the experience and qualifications for the job. When Smith did not hear back from Red Lobster, he placed several follow up calls, and eventually reached Nicole McVaughn, the manager of the restaurant. According to Smith, McVaughn told him that as a manager, she does not hire convicted felons. Last week, based on McVaughn’s decision, Smith filed a lawsuit in Manhattan Supreme Court for “unspecified damages” to be awarded retroactively from the date Red Lobster denied him employment. Smith is represented in his lawsuit by Attorney Kosta Kollef.
Under current New York law, unless Smith’s prior criminal history is deemed to cause a safety risk at his job, he should not be denied the opportunity for employment. Having a criminal record does not automatically discount a person from being a loyal, hardworking, reliable and risk-free employee. Newspapers are full of stories about non-felons robbing or killing their employers, or otherwise creating an unsafe working environment.
Red Lobster issued a statement in response to the lawsuit claiming, “First our hiring standards will always follow the law. Second, we have no record of ever receiving this gentleman’s application. We’ve invited this gentleman to interview and submit an application and that offer is still available.”
Countless formerly incarcerated persons, as well as business owners and those in the reentry field, will be following Smith’s lawsuit to see how it all plays out in court. A victory for Smith will give rise to the hope of not being discriminated against by those with criminal convictions. A loss will just mean more of the same -- trying to become productive citizens without the opportunity to earn legitimate wages.
Source: New York Post 6/19/11
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