Public employers are only allowed to disqualify candidates for felony or first-degree misdemeanor convictions, and only if the crime in question relates directly to the job at hand. Private employers can consider all conviction history information in employment-related decisions, including lower-degree misdemeanors. Employers should still consider the nature of criminal convictions and their relevance to the job at hand.
Florida Background Checks: What you need to know
Any employer with a policy for disqualifying all candidates with criminal histories will likely face accusations of employment discrimination under Title VII of the Civil Rights Act of This type of accusation is severe and can lead to major ramifications. Ban the Box : Florida has no statewide ban the box legislation on the books at this time. Petersburg, Tampa, and Tallahassee have all banned the box for public jobs. In six of these jurisdictions—Daytona Beach, Jacksonville, Miami-Dade, Orlando, Sarasota, and Tampa—employers cannot conduct background checks on applicants until making conditional offers of employment.
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No jurisdictions in Florida have banned the box for private employers yet. Background Check Incentives Florida law provides employers with considerable incentives to conduct detailed background checks on potential hires.
Even if the employee in question causes injury to a customer, a colleague, or something else, the fact that the employer conducted a detailed background check will legally shield the business from a negligent hiring lawsuit. This factor encourages many Florida employers to conduct Florida state background checks on all new hires, along with completing other types of vetting.
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