Representation / Discrimination / Criminal Record Discrimination Representation
Representation · Discrimination

Criminal Record Discrimination Representation

A number of states limit when an employer can use your arrest or conviction record against you — and require an individualized look at whether it’s even relevant to the job. If you were rejected or fired over your record in one of those states, Thurgood represents employees in these charges, without the cost of a law firm.

Get a free evaluation
We match your story to the statutes Speak with an associate if approved
What it can look like

Signs of criminal record discrimination

In states with “fair-chance” protections, certain uses of your record are off-limits:

  • Rejected over an old conviction

    A record unrelated to the job was used to deny you, without any individualized assessment.

  • Asked too early

    You were questioned about your record before any conditional offer, where that’s prohibited.

  • Penalized for an arrest

    An arrest that never led to a conviction was held against you.

  • No chance to explain

    You weren’t given the opportunity to provide context or evidence of rehabilitation.

  • Fired after a background check

    You lost a job over a record the employer could have considered earlier.

Not sure if what happened counts?

A free evaluation tells you where you stand — no cost, no obligation.

Get a free evaluation
What we do — first

We negotiate a settlement with your employer

Settling directly with your employer is where we focus and where we specialize. Most matters can be resolved right here — privately, and faster than any filing.

  • Refine your story so it lands

    We help you shape what happened into a clear, credible account that translates to the people deciding your case.

  • Strategize the approach

    We read how the company and their attorney open discussions, and adapt our strategy to the way they negotiate.

  • Organize the evidence for impact

    We identify the documentation that matters most and arrange it for maximum impact to close a deal.

What we do — if needed

If we can’t settle, we file and represent you

When a settlement can’t be reached up front, we pursue an award through the agency — and stay with you through every step of that process.

  • Prepare your filing

    We convert your story and evidence into formal charge documents written to the agency’s standards.

  • Represent your interests with the agency

    We become your point of contact, handling communications and deadlines throughout.

  • Prepare you for the investigator interview

    We get you ready for the agency investigator’s questions so you can tell your account with confidence.

  • Prepare you for fact-finding conferences

    We ready you for the conference where both sides present their version of events.

  • Prepare you for administrative law hearings

    If your case reaches a hearing before an administrative law judge, we prepare you for that too.

The state process

Filing with your state agency

There’s no federal law for this claim — protection comes from state law, and only certain states recognize it. Thurgood represents these state-level claims in the states below; your evaluation confirms whether yours is covered.

State representation in: NY, CA, IL, WI, DCAgencies: State civil-rights / fair-employment agencies
  1. 01

    Confirm your state protects this

    Only certain states recognize this as a basis for a claim — we check whether yours is one of them.

  2. 02

    File with the state agency

    The charge is filed with the state civil-rights or labor agency that enforces the statute.

  3. 03

    Investigation

    The agency reviews the claim, requests a response from your employer, and gathers facts.

  4. 04

    Resolution

    The matter may resolve through settlement, a finding, or a hearing.

Agency vs. court

Two roads to an award

You don’t have to sue in civil court to be made whole. The administrative agency process can deliver the same kinds of awards — back pay, reinstatement, damages — through a different, more accessible path.

The agency process Going to court
Who decides A government agency investigator or administrative law judge A civil-court judge or jury
Who can represent you An authorized non-attorney representative Typically a licensed attorney
Cost to begin No filing fees — designed to be accessible Court fees, usually a contingency attorney
Typical timeline Often resolved through investigation or settlement Litigation can stretch on for years
What you can win Back pay, reinstatement, damages, policy change Back pay, reinstatement, damages

Both can result in a real award. The agency route is built to be reached without a law firm — which is exactly where Thurgood represents you.

Common questions

Frequently asked

No. There is no federal protected-class status for criminal record. A handful of states — including California, Hawaii, Illinois, New York, Wisconsin, and DC — protect it directly. We check whether yours does.

Before using a conviction against you, many state laws require the employer to weigh how recent and how related to the job it is — not apply a blanket ban.

Often yes, but timing matters — many “ban-the-box” laws bar the question until later in hiring.

No — Thurgood represents you before the state agency without the cost of a law firm.

Get started in minutes

Facing harassment, retaliation,
or wrongful termination?

Answer a few questions to get feedback on your claim & schedule a free consultation with an experienced employee advocate.

Get a Free Evaluation