A controversial law in Florida has some employers and business groups up in arms.
Under the new law, which will go into effect July 1, employees who are licensed to carry concealed weapons will be allowed to keep firearms in their locked vehicles while at work.
The Florida Chamber of Commerce and the Florida Retail Federation have filed suit in federal court, challenging the constitutionality of the measure. Both argue that the new law violates private property rights and contradicts federal regulations that require employers to provide employees with workplaces that are free of hazards that can cause death or serious physical harm.
Employers also are prohibited from taking a number of actions against employees who legally carry firearms. Among the provisions, employers also cannot:
- Ask about the presence of firearms in an employee's vehicle.
- Search an employee's vehicle for firearms.
- Take action against an employee based on any verbal or written statement regarding the possession of a firearm in a private vehicle.
- Make employment or hiring decisions based on whether an existing or prospective employee has a permit to carry a concealed weapon.
- Condition employment on an agreement that prohibits an employee from keeping a legal firearm locked in his or her vehicle if the firearm is kept for legal purposes.
- Terminate or discriminate against an employee for legally carrying a firearm, as long as it is not exhibited on company property for any other reason than lawful defensive purposes.
The law does not apply to vehicles that are owned, leased, or rented by an employer. It also does not apply to schools, correctional facilities, nuclear power facilities, or facilities housing a business that deals with explosive or combustible materials.
Source: Society for Human Resource Management (SHRM)
Written by Jenny Cromie, certified human resources specialist (CHRS)