ISSUE: Should employers be allowed to question job applicants about their criminal history.

DISCUSSION: Currently, the Equal Employment Opportunity Commission is considering new guidelines that would prevent employers from asking potential employees about whether they have been convicted of a crime. Additionally, some cities and states around the country have passed so called “Ban the Box” legislation, which forces employers to remove the criminal history conviction check box on application forms.
Supporters of eliminating questions on criminal history during the initial application phase say that this allows a person to have a “fair chance” at proving that they would be the one best able to perform the job, and that removing the criminal history question from applications ensures that applicants won’t be automatically excluded because of any past mistakes they have made.

For retailers, the ability to keep this question on applications is a necessary tool for keeping our customers – and our inventory – safe.

POSITION: The Florida Retail Federation will oppose any proposed legislation that would prohibit prospective employers from using criminal history information in hiring decisions. This issue is yet another issue related to employment practices of individual employers which should not be subject to local regulation and should be included in any local ordinance preemption legislation that relates to employment practices, wage and hour provisions and employee benefits.