zlacker

You don't need to sue, you should file a complaint with your states department of labor or whomever is charged with enforcing your states labor laws, they will sue for you if they think you have a case. Also in every state I have seen with a similar law the law specifically says you are allowed to lie if you are asked that question anyways and the employer is not allowed to run a background check on you before they offer you the job so your lie cannot be discovered before the job offer is made (and after its made your lie cannot be used against you and the offer cannot be rescinded without a written evaluation that explains why the specifics in your background check make you incompatible with the specific job you were offered). So I would just lie about it and if you don't get the job or the offer gets unfairly rescinded then report it to your department of labor.

Guidance for New York City which is a locality with such a law:

> Job applications cannot have questions about criminal records and cannot ask you to authorize a background check. Employers cannot ask you questions about your criminal record. If you are asked about your record, your answer cannot be used against you. Employers cannot run a background check on you until after a conditional offer of employment.

> Once an employer offers you a job, they can ask about and consider your criminal record ...an employer can decide to not hire you for one of two reasons: 1. because a direct relationship exists between your conviction and the job you want; or 2. because your conviction history creates an unreasonable risk to people or property. The employer must send you its reasoning in writing, along with the background check it used.

https://www.nyc.gov/site/cchr/media/fair-chance-employees.pa...

>>voxic1+(OP)
> If you are asked about your record, your answer cannot be used against you.

Let's be real: This is basically impossible to enforce. This is exactly the same a gender and national heritiage (ethnicity) discrimination. It happens all the time -- there are so many mentions of it on this board. And very, very rarely is anything done about it. There are so many "weak sauce" excuses that companies can give to explain why they will not hire a candidate.

That said: I like your advice: Lie, then report when you are unfairly rejected. This is the way.