February 14, 2023

In Gainesville, FL, a fair chance hiring law now regulates how employers can use and consider the criminal history of job applicants. This law would apply when employers make decisions about hiring, firing, and other employment issues. As a result, covered employers operating in Gainesville that use criminal records when screening job applicants should review their policies and documents for screening applicants.

As of December 15, 2022, Gainesville, FL, started restricting how employers handle a job applicant’s criminal history when conducting pre-employment checks. It applies to employers with at least 15 employees who worked in Gainesville every day for four or more calendar weeks in the current or preceding calendar year. The law also includes staffing agencies that provide and pay workers for employers.

However, the law does provide exemptions. These exemptions include state and governmental entities and actors, childcare facilities as defined by Florida law, and care facilities falling under Chapter 400 and Chapter 429 of the Florida Statutes.

Non-exempt employers must avoid the following actions:

• Advertising a job that states or implies disqualification for having a criminal history
• Asking about or in any way trying to obtain information about the criminal history in an employment application before making a conditional offer of employment
• Asking about or trying to obtain information about arrests or criminal charges, other than pending charges, that did not result in a conviction, plea of nolo contendere, or deferred adjudication
• Refusing to hire an individual for not supplying criminal history before receiving a conditional offer of employment.

The law defines a conditional employment offer as an offer made by an employer based solely on an applicant’s criminal history or pre-employment medical examinations under the Americans with Disabilities Act (ADA). Before making the conditional offer, employers must consider other details, such as education, non-criminal background checks, or employment history.

Employers must conduct an individualized assessment if they discover a candidate has criminal records through a criminal background check after making a conditional job offer. The employer must consider at least the following factors:

• The nature and seriousness of the offense(s)
• The amount of time that has passed since the offense and the completion of the sentence
• The type of duties and job in question
• Any information showing rehabilitation or good conduct since the offense(s)

Employers that take adverse action based on the applicant’s criminal history must inform the applicant of what led to the decision. As such, they must send a written notice explaining the decision per the City of Gainesville Code of Ordinances, Chapter 14.5, Section 14.5-181. These chapters explain when and how to conduct criminal background checks on job applicants. Furthermore, they must provide the criminal history records used and a reasonable timeframe to supply additional information. For example, the applicant can present information proving rehabilitation and good conduct since the offense(s). 

Employers may receive up to $500 fines per violation of the law. However, they can waive the first fine by attending a training session. This session teaches compliance. Should the employer’s assessment lead to a civil penalty, half will go to the person who filed the complaint. Furthermore, employers cannot retaliate against anyone who files a complaint or participates in the administrative process.

The best way to ensure compliance with this and other background check laws is to partner with a trustworthy background check provider.

Discover the benefits of Pre-employ’s seamless background checks for your business. Contact a Sales representative today.

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