Gordon v. Envision Physician Servs., LLC

Summary

The New York Appellate Division, Third Department, affirmed dismissal of a nurse practitioner's claim alleging that prospective employers unlawfully inquired into a sealed felony conviction under Executive Law § 296(16). The court held that the statute's specifically enumerated prohibited inquiries do not include a generalized question asking whether an applicant has ever been convicted of or pleaded guilty to a felony, and the complaint did not allege that Envision specifically inquired into a sealed conviction or took adverse action based on it.

Holdings

1. Executive Law § 296 (16) does not prohibit a generalized inquiry asking whether a job applicant has ever been convicted of or pleaded guilty to a felony because the statute enumerates specific protected criminal dispositions and does not include felony convictions or guilty pleas generally.
2. The complaint failed to state a claim against Envision because it did not allege that Envision specifically inquired whether Gordon had a conviction sealed under CPL § 160.59, conducted the background search that disclosed the conviction, or took adverse action against Gordon based on that conviction.
3. Supreme Court properly dismissed the complaint against Envision for failure to state a cause of action under Executive Law § 296 (16).

Questions Presented

1. Whether Executive Law § 296 (16) prohibits a prospective employer from asking a generalized question about whether an applicant has ever been convicted of or pleaded guilty to a felony.
2. Whether the complaint alleged that Envision made a specifically prohibited inquiry concerning a conviction sealed under CPL § 160.59 or took adverse action based on that conviction.
3. Whether Supreme Court properly dismissed the complaint against Envision for failure to state a cognizable cause of action.

Disposition

affirmed