December 1, 2022

The Gainesville, Florida City Commission has voted to proceed with a new Fair Chance Hiring Ordinance. This ordinance will soon go before the Commission for a reading. It is a new ban-the-box type law that would bar employers from conducting a background check until after a conditional offer of employment.

This new ordinance would apply to employers in Gainesville with 15 or more workers. Under the law, these local businesses must adhere to several new requirements, which provide applicants with prior criminal history an equal opportunity to find gainful employment.

Through this ordinance, employers must ensure they do not publish information that may dissuade those with criminal histories from considering the position. For example, job openings for covered employers cannot post information that states or implies immediate disqualification for having a criminal background. In addition, it will bar employers from inquiring about an applicant’s criminal record until after issuing a conditional offer of employment. Finally, it bars employers from considering arrests that do not result in a subsequent conviction. 

After making this offer, an employer may still perform a criminal background check. In addition, employers may still explain, in writing, the individualized assessment system they will use to consider criminal history before making an offer.

In considering whether an individual’s criminal history disqualifies them from a position, employers must:

• Inform the individual that they plan to take adverse action based on the individual’s criminal history;
• Provide the individual with the criminal history records used in consideration of the individual’s application; and
• Provide the individual a reasonable opportunity with additional context about the criminal history records and any information demonstrating the individual’s rehabilitation and good conduct since the occurrence of the criminal offense.

After choosing to disqualify an individual, an employer must inform them in writing that they took adverse action due to the individual’s criminal history. In addition, the employer must include the individual’s right to file a complaint with the Office of Equity and Inclusion. Violations of any part of this chapter may result in liability for civil penalties based on the employer’s number of employees.

Employers should work with a trusted screening provider to comply with these requirements. The right provider will also ensure they stay abreast of other continuously shifting regulations.

Pre-employ makes background checks easy and reliable. Speak with a compliance expert today.

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