What Criminal Background Will Disqualify You As A General Contractor In Florida

Are Criminal Background Checks for Florida Employees Legal?

When you apply for a task in Florida, is your future employer allowed to use the results of a criminal background cheque when making an employment decision? Or are they allowed to run a background check on you prior to offer you lot the position? What about running a groundwork check on yous while you are employed?

These questions involve two different bodies of law: anti-bigotry laws (such as those enforced by U.S. Equal Employment Opportunity Committee (EEOC)) every bit well as the Off-white Credit Reporting Human action (FCRA). In short, federal law requires that any groundwork information obtained near a job applicant or a current employee exist handled in a sure way (under the FCRA) and used in a manner that complies with federal laws prohibiting employment discrimination.

Federal Laws Concerning Criminal Background Checks

In general, criminal groundwork checks for prospective or electric current employees must comply with the Fair Credit Reporting Act (FCRA), every bit well every bit federal laws prohibiting discrimination. The FCRA requires that employers who request criminal background checks practice the following kickoff:

Inform the job applicant or employee that information contained in the background bank check might be used for employment decisions;
Inform the job applicant or employee virtually his or her correct to obtain a clarification of the nature and scope of a background investigation;
Obtain written permission from the job applicant or employee to acquit the background cheque; and
Provide certification to the visitor providing the groundwork check information.

The employer also must request criminal background checks in a manner that is non discriminatory. Under Title VII of the Civil Rights Act of 1964, every bit well as other federal laws that prohibit bigotry based on age and disability, for example, an employer must care for all job applicants or current employees equally. To exist articulate, an employer cannot request a background cheque based on the employee'due south race, national origin, color, sexual practice, faith, disability, genetic information, or age. An employer should not try to obtain an employee'due south genetic information or family medical history.

Furthermore, the FTC requires that when using a consumer report, employers must provide applicants any notice of a negative conclusion in the grade of an "adverse action discover," which includes information nearly the consumer reporting agency (CRA) that prepared the study, states that the CRA did not make this decision, and mentions that the person has the right to receive a free copy of the study inside 60 days and to dispute inaccurate information. In addition, the FTC provides a list of rights included nether the FCRA; under this law a consumer has the correct to:

Know if any information in their file has been used against them;
Know what is in their file; and
Ask for a credit score.

This listing is not exhaustive, and anyone with boosted questions regarding the FCRA is encouraged to speak with an employment lawyer immediately to empathize their rights under the FCRA.

Using Data from an Employee's Groundwork Cheque

In one case a prospective or current employer has complied with the FCRA and obtained data about an employee's groundwork, so the employer must utilize the data in a manner that is not discriminatory and complies with all federal employment laws.

An employer must apply the same standards to all prospective or current employees regardless of race, national origin, color, sexual activity, religion, disability, genetic data, or age. Employers also must avoid certain hiring or other employment practices that could have a disparate impact on people of a certain race, national origin, color, sex, organized religion, or age when the exercise is not "chore related and consistent with business concern necessity."

Employer Presumption Confronting Negligent Hiring in Florida

Employers in Florida must comply with federal laws concerning criminal background checks. At the same time, information technology is important to note that Florida law might actually encourage employers to conduct background checks in order to avoid liability for actions taken by employees. Under Florida Statutes Section 768.096, there is a presumption against negligent hiring if the employer conducted a proper background investigation into the employee.

In brusque, Florida employer may be able to avoid liability for an employee's wrongdoing at piece of work if the employer conducted a background investigation that did not reveal any data well-nigh the employee's unsuitability for employment. Part of the background investigation must include a criminal groundwork investigation. However, it is crucial that the background bank check in conducted in such a style that follows federal laws.

Contact a Florida Employment Discrimination Lawyer

Background investigations and criminal background checks tin be complicated for Florida employers and employees alike. If you have questions, an experienced Florida employment discrimination lawyer may be able to help. You should contact an experienced employment police chaser in Florida to talk over your concerns.

Resources:

ftc.gov/tips-advice/business-center/guidance/background-checks-what-employers-need-know

eeoc.gov/eeoc/publications/background_checks_employers.cfm