Florida Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Florida and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Florida Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, Florida has laws in place that differ from the federal fair hiring laws.

Do Florida Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Florida Equal Pay Law (FEPL) prohibits against pay discrimination based on gender for roles requiring similar effort, responsibility, and skills. It applies to all forms of pay, including bonuses, benefits, and salary. The responsibilities or content of the job, not title, determines whether it is substantially equal to another. Pay differences are permitted based on merit, production quality/quantity, or seniority. Employers with 2+ employees must adhere to the requirements.

Do Florida Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under the Florida Civil Rights Act (FCRA), employers are prohibited from discriminating against job applicants based on age.

Do Florida Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Florida adheres to the Americans with Disabilities Act.

Do Florida Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Florida has a law in place regarding the use of genetic information, but it only applies to insurance companies. Therefore, the federal GINA applies to applicable employers.

Do Florida Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The FCRA is a state law mirroring the protections included in Title VII of the Civil Rights Act of 1964, with two key differences. The state law prohibits discrimination against individuals based on disability and age, which are not included in the federal law.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Florida?

Yes, several cities and municipalities in Florida have different fair hiring laws:

• Gainesville: In 2023, a Fair Chance Hiring (ban the box) law was passed, limiting when a private employer may ask about an applicant’s criminal history. It applies to employers with 15+ employees.
• Miami Beach: Provisions in the CROWN Act prohibit discrimination in hiring based on hair style and/or texture.
• Broward County: Provisions in the CROWN Act prohibit discrimination in hiring based on hair style and/or texture.
• Orlando: An anti-discrimination ordinance prohibits discrimination based on sexual orientation, among other protected classes.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.