7/29/2023 0 Comments Florida criminal recordsThe nature and gravity of the criminal offense.When determining whether a criminal offense would disqualify a potential employment candidate, employers must give consideration to: The Equal Employment Opportunity Commission (EEOC) calls for companies to conduct an Individualized Assessment based on the nature of the offense and how it relates to the job position prior to automatically disqualifying an employment applicant based on their past criminal records history. Remember that an employer must always consider EEOC guidance when making a hiring decision. Employers that automatically disqualify candidates with any past criminal records will get exposed to a significant risk of an employment discrimination prosecution under Title VII of the Civil Rights Act of 1964 which can vigorously be pursued by the EEOC. Tip: Employers need to further give consideration to the aspect of criminal convictions and their relation to the job position. Private-sector employers can consider all conviction history information in their hiring decisions. Public sector employers are only allowed to disqualify candidates for a felony or first-degree misdemeanor convictions, and only if the crime in question relates directly to the job position. Public and private sector employers are permitted to use Florida background checks to screen employees. ![]() There are several restrictions in Florida at the state level and in individual counties that limit the use of background checks for employment purposes.Įmployers in Florida are legally permitted to inquire about arrest records.Įmployment applicants are generally not forced to divulge arrest or conviction data that have been sealed or expunged. If by then, a decision has been made to not to hire the applicant based on the applicant’s response and further investigation of records found - a job declination FCRA adverse action letter must be sent.Wait at least five days to allow the applicant to dispute any discrepancies before taking any further action If doing a nationwide criminal database search, verify that any database records found are updated and accurate at originating source (i.e, County Criminal Court and/or Real-Time State Criminal search. ![]() For example, what past criminal offenses are to be considered in relation to the job position
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