Florida Hiring laws & HR compliance analysis

Florida Hiring: What you need to know

Discrimination. Under the Florida Civil Rights Act, an employer may not make inquiries of or impose qualifications on prospective employees based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status unless there is a bona fide occupational qualification (BFOQ) exception (Fla. Stat. § 760.01 et seq.). To be a BFOQ, a characteristic must be reasonably necessary to the applicant's ability to perform the job in question.
The Act covers employers with 15 or more employees. More information is available at the Florida Discrimination and Disabilities (ADA) sections.
Veterans’ preference. Employers are allowed to adopt an employment policy that gives preference to an honorably discharged veteran, the spouse of a veteran with a service-connected disability, or the unremarried widow or widower of a member of the armed forces who died in the line of duty (Fla. Stat. § 295.188). In the state personnel system, disabled veterans and their spouses are entitled to preference in hiring (Fla. Stat. § 295.07).
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Blacklisting. Although good-faith disclosures are encouraged, even when they have the effect of interfering with a former employee's ability to find work, actions taken jointly by two or more people for the purpose of preventing someone from obtaining employment are illegal under Florida law (Fla. Stat. § 448.045).
Medical marijuana.The Marijuana for Debilitating Medical Conditions Amendment exempts from criminal or civil liability under Florida law the medical use of marijuana by a qualifying patient or caregiver for debilitating medical conditions. Amendment 2 does not require accommodation of any on-site medical marijuana use. More information is available ...

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