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Many workers do not realize that they have legal rights even before they are hired. Both federal and Florida law protect job applicants against certain unfair or discriminatory hiring practices. Here is what Florida workers need to know to protect themselves during the job search process.
Job Applicants Cannot Be Discriminated Against Based on Protected Characteristics
Under federal law, employers may not refuse to hire an applicant based on protected characteristics, including:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information
These protections come from laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), and coverage will depend upon the size of the employer. Florida law further adds legal protection for marital status, HIV status and sickle cell trait.
Employers cannot legally ask questions or make hiring decisions based on a job applicant’s membership in these protected groups.
Job Applicants Have the Right to Reasonable Accommodations in the Hiring Process
Job applicants have the right to request reasonable accommodations during the application or interview process when needed due to pregnancy, disability or their religious beliefs or expression. Examples include requesting extra time to complete a skills test, asking for accessible interview locations, or using assistive technology. Employers must provide accommodations unless doing so would cause an “undue hardship.”
Employers Cannot Retaliate Against Job Applicants for Asserting Their Rights
If a job applicant complains about discrimination or refuses to answer unlawful questions, the employer cannot legally retaliate by rejecting their application out of spite. Retaliation is a separate violation of the law.
Background Checks Must Follow the Law
If an employer wants to run a criminal background check, credit report, or verify employment history for an applicant, they must follow the law.
For example, under the Fair Credit Reporting Act (FCRA), an employer that uses a third party to run a background check (which includes consumer, credit and even criminal background checks), must give the applicant written notice and get written permission before running the check. If the employer decides not to hire the applicant based on the report, they must give the applicant a copy of it and a chance to dispute any inaccuracies.
In Florida, private employers can consider criminal records but must apply them fairly and uniformly. Some cities, such as Tampa and Miami, have “Ban the Box” rules for city jobs that delay when an employer can ask about criminal history.
Under Florida law, employers providing job references are generally immune from liability when they disclose information about a former employee’s job performance or reasons for separation in good faith, but an employer may be held liable if they give information that is knowingly false or defamatory, or violates the applicant’s civil rights.
Drug Testing is Allowed, but Regulated
Florida allows pre-employment drug testing. However, employers must provide written policies about testing procedures and consequences, test results must be kept confidential, and applicants have the right to contest or explain a confirmed positive result before any adverse action is taken.
The hiring process should be about your skills, experience, and fit for the job, not about stereotypes, assumptions, or illegal questions. If you suspect a potential employer has violated the law during your application or interview process, seek the help of an experienced employment attorney to learn whether you may have a legal claim. You can make an appointment with Amanda here.
