Effective December 15, 2022, the city of Gainesville, FL has enacted their Fair Chance Hiring Law. Any employer who has 15 or more employees whose work location is primarily in the City is subject to this legislation.
Provisions of this ordinance include:
- Employers may not publish job information stating that criminal history disqualifies an applicant.
- Employers may not ask about criminal history on a job application.
- Employers may not ask about arrest or criminal accusation against an employee.
- Employers may not ask or request criminal history regarding an applicant until after a conditional offer of employment. Employers may not refuse to hire someone who did not disclose a criminal record prior to a conditional offer.
- Employers must make an individualized assessment of the criminal history.
- Prior to taking adverse action, the employer must inform the applicant of the basis of the decision, provide a copy of the criminal records to the applicant, and give the applicant an opportunity to provide information regarding the conviction.
- If an employer is taking adverse action against an employee, they must also include a notice from the City of Gainesville.
While there are some exceptions to these provisions for certain federal or legally mandated positions, these regulations do apply to most private employers. Penalties for failure to comply with this ordinance include civil penalties.
For additional information regarding Ban the Box laws impacting private employers, please visit our Resource Library for our Resource Guide for Ban the Box Laws or contact our office.