Do You Need to Redo Your Job Application?

by Isaac Benmergui, Esq on October 3, 2017

Do You Need to Redo Your Job ApplicationAs federal, state and local laws change and expand, the days of one-size-fits-all job applications may be coming to an end. More than ever it’s important to be familiar with your local laws to avoid costly compliance problems. Here are three big ones that could cost you.

  1. Felon? Check the box. Ban the Box laws have been passed in a patchwork of regulation nationwide. What these laws mean is that you can’t screen out applicants based solely on criminal history until later in the process. Ban the box laws don’t always work the same, either. Some prohibit asking about criminal history until an interview, others until an offer of employment. Currently, Florida has no statewide legislation that bans employers from asking about criminal history. However, Tampa and Jacksonville do.
  2. Pay equity. Pay equity laws aim to even the gap in gender pay based on race and gender. Measures vary from audits based on race and gender to prohibitions on asking about salary history on applications. At the federal level, changes were made this year that will require private employers to audit this data on an annual basis. The proposed pay data requirement will require employers with 100 or more employees and contractors to report pay by gender, race and ethnicity, across 12 pay bands. This requirement is effective beginning March 31, 2018.
  3. Medical Inquiries. The ADA controls what disability related inquiries can be made during different stages of the hiring process. At the application stage, you can’t make any inquiries about disability, which is why it’s extremely important that the job description is clear about what is required of someone in that position. Before a job offer is made, you are also not allowed to ask about prescription medications that the applicant takes, genetic information, or prior workers’ compensation history.

 

Call Miami Employment Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Employment Law and Civil Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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