Background checks are becoming more and more common in America, and Florida is no exception. It is estimated that possibly upwards of ninety percent of employers now perform these checks; making it even harder for those with a record in this already tough job market.
What Rights do Applicants Have?
Florida law does not provide much protection for its applicants, but there are certain systems in place that give them some rights. The first is the Fair Credit Reporting Act (FCRA). This illustrates procedures that are required when it comes to employers hiring a third party organization to run a check and produce a report. This may include the individual’s credit history and criminal records. The FCRA states that all employers in this situation must:
- Attain the applicants written consent before the check is run
- Inform the applicant if they are not being employed based on the content of the report
- Give the applicant a copy of the report
The applicant’s rights are that:
- They may dispute incorrect information
- They have a right to know what is on their file
- They can seek damages if the FCRA is breached
- Military personal and victims of identity theft also have additional rights
The organizations that provide these reports and checks also have certain guidelines they must adhere to. These include:
- Not reporting any outdated information (including arrest records over seven years old – salary dependent)
- Correction/deletion of incorrect or unverifiable information
- An investigation if an error occurs
Conviction records may be included, regardless of how long ago they occurred.
The second structure in place is the Civil Rights Act of 1964, which protects all applicants from any type of discrimination in the workplace; this includes the hiring process. For example, because arrest and conviction records for African Americans and Latinos are generally higher, an employer which decides to disqualify anyone with a record may be in violation of the Civil Rights Act. The Equal Employment Opportunity Commission has provided guidelines to advise employers in this area. They recommend considering the following:
- How serious is the offense?
- How recent is it?
- What is the nature of the employment?
The organization has also advised employers on giving applicants the chance to explain the situation and provide any information to show that they should not be disqualified from the position due to this offense.
Additionally under Florida Law, state and local agencies cannot deny anyone a license, certificate or permit on the basis of a conviction unless it was a felony charge, a first-degree misdemeanor, or it is related to the role. However, there are different regulations when it comes to certain drug felonies.