Employment Related Bills Pending in Florida’s 2012 Legislative Session

FOR IMMEDIATE RELEASE
Florida, Florida, United States of America (Free-Press-Release.com) January 18, 2012 -- The Florida Legislature’s Regular Session convened on January 10, 2012 and will run through March 9, 2012. During this time, legislators will consider several bills that could have a dramatic impact on the way businesses hire employees. The following information was contributed by Damian Taylor, a partner with the Naples law firm of Coleman, Hazzard & Taylor, P.A. and serves as the State Government Affairs Director for The HR Florida State Council.

Background Check Bills Introduced in Florida Legislature

Senate Bill 102 filed by Senator Gary Siplin (Democrat, Orlando), and House Bill 303 filed by Representative Hazelle Rogers (Democrat, Lauderhill), would prohibit employers from directly or indirectly using a job applicant’s personal credit history as a hiring criterion, except where required by law. Employers would be allowed to request a credit history background check as part of the application process if doing so is directly related to the position sought by the applicant, but the credit history could not serve as the determining factor in the hiring decision.

Senate Bill 1356 filed by Senator Nancy Detert (Republican, Venice) would prohibit use of an applicant’s credit history to deny employment or to determine compensation or other terms of employment unless: (1) the applicant has first received an offer of employment; (2) there is a bona fide reason to use such credit history which is substantially related to the job and disclosed in writing to the applicant, i.e. where the job is managerial or involves access to personal information of others, fiduciary responsibility, use of an expense account, access to trade secrets, or public safety; or (3) the employer is exempt from the law, i.e., employers required to check credit history, banks, credit unions, and investment advisors.

Senate Bill 112 introduced by Senators Stephen Wise (Republican, Jacksonville), Arthenia Joyner (Democrat, Tampa) and Evelyn Lynn (Republican, Daytona Beach-Ocala), and House Bill 297 filed by Representative Mia Jones (Democrat, Jacksonville), would prohibit a public employer from inquiring into or considering the criminal history of an applicant until the applicant has been selected for an interview. The law would not prohibit a public employer from notifying an applicant that a law or policy may disqualify the applicant for a particular position, nor apply to a law enforcement agency or correctional agency.

Florida Fair Employment Opportunity Act

Senate Bill 518 filed by Senator Nan Rich (Democrat, Sunrise), and House Bill 815 filed by Representative Betty Reed (Democrat, Tampa), otherwise known as the Fair Employment Opportunity Act, would prohibit employment discrimination against the unemployed. “Unemployed” is defined by the Act as “a person’s present or past unemployment, regardless of the length of time the person was unemployed.” Employers with 15 or more employees would be covered, and individuals could be liable as employers. The purpose of this legislation is to “prohibit an employer or employment agency from considering a person’s status as an unemployed person when screening that person for or filling a position, except when a requirement related to employment status is a bona fide occupational qualification reasonably necessary to successful performance in the job, and to eliminate the burdens imposed on commerce by excluding unemployed persons from employment.” The Act would be enforceable by the Attorney General.

E-Verify

Senate Bill 1638 introduced by Senators Thad Altman (Republican, Melbourne) and Greg Evers (Republican, Pensacola-Crestview), and House Bill 1315 introduced by Representatives Gayle Harrell (Republican, Port St. Lucie), Matt Gaetz (Republican, Shalimar), and Larry Metz (Republican, Eustis), would require private and public employers conducting business in Florida to use the Federal E-Verify system to verify the employment eligibility of new employees. The law would also make it an unfair and deceptive trade practice for a private employer to terminate the employment of a U.S. citizen or legal permanent resident alien who has applied for naturalization while knowingly or recklessly employing an unauthorized alien worker at the same job site or in the same job classification elsewhere in the state. Under those circumstances, the discharged employee could sue the offending employer for lost wages, reinstatement, and attorney fees.
If you have concerns about these bills, please contact your legislators.

HR Florida is planning to advocate its position on these bills during its Second Annual Day on the Hill event in Tallahassee in February, 2012. With 28 chapters around the state, including HR Collier, HR Florida represents over 14,000 individual members and is the state affiliate for the Society for Human Resource Management (SHRM). Founded in 1948, SHRM is the world’s largest association devoted to human resource management.

More information can be found online at http://www.hrflorida.org/

Employment law     Florida State Legislature     Government Affairs     HR Florida State Conference     HR Florida State Council     Senate Bill 102     Senate Bill 518     SHRM