On December 22, 2022, the City of Gainesville passed a new law known as the Fair Chance Hiring Ordinance (Ordinance No. 2022-617 | Code of Ordinances | Gainesville, FL | Municode Library). This law applies to any employer with 15 or more employees. It states that employers cannot ask questions about an applicant’s criminal history until after a conditional offer of employment has been made. Let’s take a deeper look into this ordinance and what it means for employers in Gainesville.
What does the ordinance say?
This ordinance prohibits any questions regarding an applicant’s criminal history in the application process until a conditional offer of employment has been made. After this point, employers can run a background report and make considerations based on their findings; however, they may only take adverse action against an applicant if they have determined that the applicant is unsuitable for the job based on an individual assessment. This includes considering factors such as how long ago the conviction occurred and its relevance to the position being applied for.
Who will be enforcing this ordinance?
The Gainesville Police Department will be responsible for enforcing this ordinance. If an employer is found to be in violation of the ordinance, they may face fines of up to $500 per infraction or per employee affected by the violation. It is important for employers to familiarize themselves with this law and understand what it requires of them to avoid these penalties.
How does this affect employers?
The main takeaway for employers is that they must wait until after a conditional offer of employment has been made before inquiring about an applicant’s criminal history. Employers should also consider all factors when evaluating an individual’s criminal record before making a decision about whether or not to hire them. It is important for employers to stay informed and updated on changes in local laws like this one so that they can ensure compliance and avoid legal penalties.
Conclusion
The Fair Chance Hiring Ordinance was put into effect by the City of Gainesville on December 22, 2022, as a way to protect applicants from discrimination based on their criminal record during the hiring process. This new law requires employers with 15 or more employees to abstain from asking questions about an applicant’s criminal history until after a conditional offer of employment has been made and only take adverse action against them if it is determined that they are unsuitable for the job based on an individual assessment after running a background report. It is important for employers within Gainesville to understand their obligations under this new law to remain compliant while still finding qualified candidates for each position offered.
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Chane Solutions provides informative legal insights that must not be considered professional advice. Contacting a qualified attorney for counsel concerning concerns and changes in the law is strongly recommended. We aim to provide our readers with timely updates but cannot guarantee accuracy due to the ever-changing conditions of the field or industry.
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