Florida Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Florida Pre-Employment Inquiries (Interviewing): What you need to know

The Florida Civil Rights Act prohibits employment practices that discriminate on the basis of race, color, religion, sex, pregnancy, marital status, national origin, age, and disability. As a general rule, it would be unlawful for a covered employer to ask questions about any of these characteristics, either on an application form or in a job interview, unless there is a job-related reason for needing the information. The Act covers private employers with 15 or more employees (FL Stat. Sec. 760.01 et seq.).
The Public Employment Discrimination Law covers all public employers and prohibits discrimination on the basis of an applicant's race, color, national origin, sex, disability, religious creed, and age, if the applicant is the most competent and able to perform the services required (FL Stat. Sec. 112.042 et seq.).
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Acquired immunodeficiency syndrome (AIDS). A separate law prohibits employment practices that discriminate against individuals with HIV infection or AIDS (FL Stat. Sec. 381.004, Sec. 760.50). Employers should not inquire about an applicant's HIV status or ask if the applicant has been tested for HIV infection.
Sickle cell. Also prohibited are employment practices that discriminate on the basis of the sickle-cell trait (FL Stat. Sec. 448.075 et seq.). Employers should not make inquiries that are likely to elicit information about an applicant's medical condition, including sickle-cell trait.
Bona fide occupational qualification (BFOQ) exception. An employer may make an employment inquiry about a protected characteristic only if it is reasonably necessary for the performance of the job in question and there is no less intrusive way to ensure that the applicant will be able to perform the ...

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