A recent investigation by the U.S. Department of Labor (DoL) indicates that the state of Florida may be guilty of creating significant barriers for those seeking financial assistance through its unemployment assistance program. Issues identified by the DoL included the following:
- A requirement by Florida that nearly all applicants apply online for benefits through the state’s Reemployment Assistance program
- A 45-question skills assessment test that was mandatory from 2011 until it was repealed by state legislators in 2014
It is not known exactly how many unemployed Florida residents have been denied benefits due to these requirements. In general, however, Florida provides benefits to only 17 percent of unemployed residents. The U.S. average for all states is 27 percent.
A Pattern of Reduced Eligibility
The DoL began its investigation of the Florida Department of Economic Opportunity (DEO) after a complaint was filed in 2012 by Florida Legal Services in conjunction with the National Employment Law Project. The new requirements were instituted in August 2011 as part of an overhaul of the unemployment benefits system. The online system implemented by DEO experienced significant problems throughout the initial months and created serious barriers for those required to use this system to submit their claims for unemployment benefits. Procedural errors associated with the new system also caused numerous denials of what were likely otherwise valid requests. It is estimated that the skills testing requirement alone caused delays for 120,000 applicants and resulted in the denial of benefits for 15,000 in the first two years of the new system.
The U.S. Department of Labor Weighs In
In 2013, the DoL indicated that key elements of the new requirements were in violation of civil rights laws. The initial online-only application requirement, for example, presented a significant barrier to those who could not read the form in English, Spanish or Creole and for others who were not computer literate or who were prohibited from using computers. The skills assessment was also problematic and created unnecessary issues for those honestly seeking unemployment benefits from the state of Florida. While some of these requirements have been adjusted to provide increased access, the process still presents difficulties for many Florida residents.
Attorney Richard Celler specializes in providing help for those navigating the Florida employment law environment. By offering expert counsel and guidance throughout the application process, Celler can ensure that the barriers to unemployment compensation do not result in an unfair denial of benefits and consequent financial hardships for his clients.