Gainesville’s Fair Chance Law: A New Standard for Employers in Florida

Employers who hire in Gainesville should review their procedures to ensure compliance

In December of 2022, Gainesville became the first city in Florida to enact a Fair Chance Hiring Ordinance, aimed at promoting fairer employment opportunities for individuals with criminal histories. The law reflects the growing trend nationwide to eliminate employment barriers for people with previous convictions and ensures that they have a meaningful chance at reintegrating into the workforce.

For employers, Gainesville’s Fair Chance Law introduces several new obligations that impact how they handle the hiring process. This legislation underscores the city’s commitment to reducing discrimination against individuals with criminal records, and it’s essential for local employers to understand their responsibilities under the new law.

Core Employer Obligations

Under Gainesville’s Fair Chance Law, private employers with 15 or more employees are required to follow specific guidelines when evaluating applicants with criminal records. These include:

  1. Ban on Pre-Employment Inquiries: Employers are prohibited from inquiring about an applicant’s criminal history until after a conditional offer of employment has been made. This means job applications and preliminary interviews cannot include questions about an applicant’s past criminal record. This step ensures that candidates are initially evaluated on their qualifications and skills, rather than being prematurely disqualified because of their criminal history.
  2. Individualized Assessment Requirement: Once an employer becomes aware of an applicant’s criminal history after extending a conditional job offer, they are required to conduct an “individualized assessment.” This process obliges the employer to consider several factors, including:
    • The nature and gravity of the offense.
    • The time that has passed since the conviction or completion of the sentence.
    • The relevance of the offense to the specific job being sought.

This assessment ensures that decisions regarding employment are based on a fair and individualized review of the applicant’s circumstances rather than a blanket rejection based solely on a criminal record.

  1. Providing an Opportunity to Respond: If, after the individualized assessment, the employer decides to revoke the conditional job offer based on the applicant’s criminal history, the employer must provide the candidate with a written notice. The applicant then has the right to respond, offering additional context or disputing the accuracy of the background information. The employer is required to consider this response before making a final decision.
  2. Recordkeeping: Employers are expected to maintain documentation related to the individualized assessment process and any correspondence regarding the revocation of a job offer based on an applicant’s criminal record. This documentation must be kept for a period of three years to ensure compliance with the law.

Exemptions from the Law

While Gainesville’s Fair Chance Law applies broadly, it does include several key exemptions to accommodate certain industries and job types. Specifically:

  • Positions Involving Vulnerable Populations: Employers hiring for positions that involve working with children, the elderly, or individuals with disabilities are exempt from the law. In these cases, criminal background checks may be conducted earlier in the hiring process due to the sensitive nature of the work.
  • Jobs Requiring Security Clearances: Positions requiring federal, state, or local security clearances are exempt from the ordinance, as these jobs necessitate more stringent background checks due to the nature of the work.
  • Other Statutorily Exempt Roles: If a job is subject to federal or state laws that require criminal background checks or disqualify individuals based on specific criminal offenses, these roles are exempt from Gainesville’s Fair Chance requirements.

Why This Matters for Employers

Gainesville’s Fair Chance Law is a significant development for local businesses, especially as the first ordinance of its kind in Florida. It reflects a broader movement to promote equitable hiring practices and reintegration of individuals with criminal histories into the workforce. Employers must now be prepared to adapt their hiring procedures to comply with the law.

Failure to comply with the ordinance could lead to civil penalties and damage to an employer’s reputation. Conversely, embracing these changes may enhance an employer’s brand by demonstrating a commitment to fair hiring practices and community inclusivity.

Employers in Gainesville should ensure their hiring managers and HR teams are trained on the new requirements, as well as the exemptions, to navigate the process smoothly. It’s not only about compliance but also about giving qualified candidates a fair chance to contribute to the local economy.

 

 

Fair Screen is a background screening company dedicated to helping employers fairly use criminal records in the hiring process. Contact Us to learn more about how a well-tuned screening process can speed the time to hire, include more job applicants, and help ensure your consistency and compliance. Help us make a difference!

 

 

The foregoing content is not given as legal advice but is instead offered for informational purposes only. Fair Screen is not a law firm and therefore cannot offer legal advice. We always recommend speaking with an attorney who is knowledgeable about your company’s individual circumstances prior to making any hiring decisions or policy changes. Fair Screen makes no assurances regarding the accuracy or completeness of this content.