In a groundbreaking move, Gainesville, Florida, has become the first city in the state to pass a fair chance hiring ordinance that applies to private employers. The city commission's unanimous final vote at Thursday's meeting was met with cheers and applause.
The new ordinance prohibits potential employers with 15 employees or more from inquiring about a candidate's criminal background or conducting a background check until after making a conditional offer of employment. While employers can still rescind the offer based on the background check results, advocates are hopeful that delaying this step will expand the pool of qualified candidates for businesses and provide individuals who have served their time with a better chance of reentering the workforce.
However, it's important to note that the ordinance does not apply to jobs that are legally restricted to individuals with criminal histories.
If a business is found to have violated the ordinance, half of the $500 fee will be awarded to the person reporting the violation.
Tequila Mcknight, who spearheaded the effort nearly two years ago, understands the necessity of such an ordinance firsthand. Having been released from prison in 2014 after several years of incarceration for a charge related to a disputed club fight, Mcknight found limited opportunities upon returning home. Despite having valuable experience in cleaning, assisting people with disabilities, and working in group homes, she struggled to secure employment and ended up taking a job at a Gainesville hotel for a meager wage of $3.81 per room.
Mcknight's story is not unique. On average, individuals who have spent time in prison experience a 52% reduction in annual income upon reentry into society.
Despite her challenges, Mcknight defied the odds and excelled at the hotel, eventually working her way into a management position. She now owns her own business, TNT Dynamite Cleaning Service.
Motivated by her personal experiences, Mcknight joined forces with Jhody Polk, a former incarcerated individual, to advocate for the restoration of voting rights to people with felony records. Their efforts resulted in the overwhelming passage of an amendment in 2018. However, Mcknight and many others were left disheartened when a federal appellate court upheld the position of Governor Ron DeSantis, requiring felons to pay all fines, restitution, and legal fees before regaining their right to vote.
In 2020, Mcknight was directed to a paid fellowship with Community Spring, where she co-founded Torchlighters Reentry Support and the Grassroots COVID Recovery Campaign. Community Spring employs individuals who have experienced structural poverty in Gainesville to lead efforts in dismantling it.
Through her fellowship, Mcknight recognized the urgent need to address employment opportunities for people with criminal records. She saw the potential to not only help individuals seeking employment but also assist local businesses that were missing out on potentially qualified candidates due to their criminal backgrounds.
The fair chance hiring ordinance was first presented to the Gainesville City Commission in May 2021. After more than a year of discussions and workshops, it has now become a reality.
While Mcknight is satisfied with the final language of the ordinance, she had hoped the employee minimum requirement would have been set lower than 15, considering the significant presence of small businesses in Gainesville. During the workshop process, Community Spring and the Greater Gainesville Chamber held a roundtable discussion with business leaders to gather feedback on the ordinance. Some expressed concerns about the potential cost and time associated with the hiring process, particularly for smaller employers with higher turnover rates.