Embed Size (px)
Citation preview
Free resource frominnovativeemployer.com
Prohibited hiring practices in Florida
A GUIDE FOR EMPLOYERS
A free resource from
Free resource frominnovativeemployer.com
Florida prohibited hiring practices
The hiring process is full of challenges, both for employers and job seekers. At each stage of the hiring process, employers should be careful to understand and follow the law. From advertising the open position, to choosing a candidate, and everything in between, you need to know what to watch out for.
By arming yourself with knowledge and an understanding of prospective employee rights and proper preemployment screening, you’ll be well on your way to preventing liabilities during and after hiring.
Protect yourself from liabilities
while finding the best candidate
Free resource frominnovativeemployer.com
PROTECTEDTRAITS
Under federal law, an employer cannot discriminate against an employee based on protected traits, beginning with the application process. If you’re hiring in Florida, you need to know what additional traits are protected by the state. In general, if an employer makes an employment decision based on a protected trait, the employee—prospective or current—may have a lawsuit against said employer.
Protected in all 50 states:● race● national origin● religion● sex● disability● age● citizenship status● genetic information
Protected in Florida:● race● national origin● religion● sex● disability● age● marital status● AIDS/HIV● sickle cell trait
Florida's state law does not currently prohibit discrimination based on sexual orientation or gender identity, however several cities and counties in Florida do. The Equal Employment Opportunity Commission is also accepting discrimination complaints based on these traits, and the state law is being challenged through the courts as well.
Free resource frominnovativeemployer.com
Which Florida Employers Are Subject to the Antidiscrimination Laws?
Federal and state antidiscrimination laws apply to Florida employers with 15 or more employees, with the following exceptions:
Age discrimination(employers with 20 or more employees)
Citizenship status discrimination(employers with four or more employees)
Equal pay for men and women(all employers)
Government agencies that regulate workplace discrimination in Florida:
The Equal Employment Opportunity
Commission (EEOC) is the federal
agency that regulates workplace
discrimination. You can contact the
Equal Employment Opportunity
Commission by calling 800-669-4000
or check out its website at
www.eeoc.gov.
The Commission on Human
Relations enforces state
antidiscrimination law in Florida. You
can contact the Commission on
Human Relations at 850-488-7082 or
visit its website to learn more.
Free resource frominnovativeemployer.com
Navigating the hiring process
In your job posting, it’s important to be
intentional with the requirements you list.
Do they open you up to a discrimination
lawsuit? Pay attention to your application
form, too. An effective job application form
gathers relevant applicant information in
a uniform format that allows you to
compare qualifications fairly. You can’t
request information relating to protected
classes as part of your job application.
Federal laws that directly affect the content of application forms include➔ Title VII of the Civil Rights Act of 1964
➔ Americans with Disabilities Act (ADA)
➔ Age Discrimination in Employment Act (ADEA)
➔ Genetic Information Nondiscrimination Act (GINA)
➔ Fair Credit Reporting Act (FCRA)
In addition, you’re required to keep
application forms and other records of the
hiring process for all applicants for a specified
period of time, even if you found the right
candidate. In general, employers must keep
job applications and related documents for
any permanent positions for one year from
the date the application was received. If a
discrimination or unlawful employment
practice charge is brought against the
employer, job applications and other relevant
personnel records must be retained until a
resolution is reached.
Posting a job andreceiving applications
Free resource frominnovativeemployer.com
Navigating the hiring process
An employer may not conduct a credit or background check of an employee or prospective employee unless you notify the individual in writing and receive permission to do so. The Fair Credit Reporting Act (FCRA) imposes other obligations on employers who request criminal background checks and on the firms that provide them.
In addition to obtaining permission to conduct background and credit checks, employers must do all of the following:
● Tell the applicant if they’re going to be disqualified based on the contents of the report
● Give the applicant a copy
● Notify the applicant after making a final decision not to hire him or her based on the information in the report
Background checks
Regarding criminal background checks, The Equal Employment Opportunity Commission (EEOC) has said that employers should give applicants with a record an opportunity to explain the circumstances and provide mitigating information showing why they should not be excluded based on the offense.
Did you know?Conducting a background check on
an applicant can protect you in the
future. In Florida, If an employee is
injured by another employee on the
job, they may sue the employer for
“negligent hiring.” However, if the
employer conducts proper
background checks and cannot
identify any questionable history, they
cannot be presumed negligent.
Free resource frominnovativeemployer.com
Navigating the hiring process
Questions that you might normally ask while getting to know someone become off limits when the conversation is a job interview. Illegal job interview questions solicit information from candidates that could be used to discriminate against them.
Conducting interviews
In general, interviewers should avoid questions that relate to the protected classes listed earlier. It’s also important to accurately describe the job, and ask all candidates the same questions. By following these guidelines, you’ll greatly reduce your chances of a discrimination lawsuit.
Examples of prohibited questions:
“How many children do you have?”
“What country are you from?”
“What year did you graduate high school?”
“Are you married?”
“Have you ever claimed workers’ comp?”
Free resource frominnovativeemployer.com
Navigating the hiring process
Avoid making promises to a prospective
or new employee that you might not be
able to keep. Any false statements or
promises can be taken as a breach of
“implied contract” under the law.
For example, a promise that stock
options will be worth a given amount,
that the employee has a job for life, or
that the employee will receive
significant pay increases may result in
such an implied contract. If these
promises are not kept, the employer can
be said to have breached the implied
contract, and will be responsible to the
employee for any damages the
employee incurred in relying on the
employer's promise.
Hiring a candidate
Free resource frominnovativeemployer.com
It goes without saying - hire people
who are an asset to your company
and a good fit for your team, and
give everyone an equal chance at
qualifying for the position.
If you need help navigating the
hiring process, finding the best
candidates, and setting them up
to work, give us a call.
(800) 909-9098
635 93rd Ave. NorthSaint Petersburg, Florida 33702
innovativeemployer.com
