The City of Gainesville has joined the growing list of jurisdictions implementing Fair Chance laws. In the unanimous vote, the City Commission passed Ordinance No.2022-617, which prohibits private employers from inquiring into an individual’s criminal history until an offer for employment has been provided and provides employers with additional restrictions and responsibilities.
Some of the key takeaways from this new law for employers include, but are not limited to:
- Employers may not solicit criminal history information about an individual or consider an individual’s criminal history unless the employer has first made a conditional offer of employment to the individual.
- An employer may not solicit from the applicant or otherwise inquire, even though a consumer reporting agency or other third parties, about an arrest or criminal accusation made against an individual that is (i) not currently pending against the applicant or (ii) did not result in a conviction, plea of nolo contendere, or deferred adjudication. However, this does not apply to arrests or criminal accusations relating to domestic violence.
- Employers may not take adverse action against an individual because of the individual’s criminal history unless the employer has determined that the individual is unsuitable for the job based on an individualized assessment conducted by the employer.
- Employers have additional obligations if they take adverse action against an individual because of the individual’s criminal history, including but not limited to, informing the individual of the basis of the decision, and providing specific language on the adverse action notice as noted below.
We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.
Please note: The information provided above is strictly for educational purposes. It is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.