While questions about criminal history during the application process are generally impermissible, employers are permitted to conduct a criminal background check once a conditional job offer has been made. However, employers may only take "adverse action" based on an applicant's criminal history if the applicant is deemed unsuitable for the position based on an "individual assessment."
If adverse action is taken based on the subject's criminal history, prior to taking adverse action, an employer must:
- inform the individual of the basis for the decision;
- provide the individual with the criminal history records used by the employer in consideration of the individual's application; and
- provide the individual a reasonable opportunity to provide additional context about the criminal history record and any information demonstrating the individual's rehabilitation and good conduct since the occurrence of the criminal offense.
It is important to note that, if an employer decides to take adverse action based on criminal history, the employer must inform the individual in writing that:
- The adverse action was based on the individual's criminal history; and
- Include the following statement in its notice:
- "This notice is provided in accordance with the City of Gainesville Code of Ordinances, Chapter 14.5, Section 14.5-181, which regulates the process and timing of criminal background checks conducted on job applicants."
Violations of the ordinance carry a potential civil penalty of $500. Half of all recovered penalties will be awarded to the complainant.
Employers are encouraged to review the specific terms of the Gainesville law and adjust internal hiring processes as needed.
Updated: February 21, 2023