We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector employers in the executive branch for the State of Missouri.
Timing of inquiry: Public sector employers in the executive branch for the State of Missouri may not inquire into criminal history on the job application.
Who must follow: This ban-the-box law applies to public and private sector employers in the City of Columbia, MO.
Timing of inquiry: Employers in Columbia, MO may only inquire into criminal history after a conditional offer of employment.
* Adverse action implications:
Individualized assessment suggested. While not required under the law, the ordinance suggests employers perform an individualized assessment prior to sending a final adverse action notice.
Who must follow: This ban-the-box law applies only to private sector employers in Kansas City, MO with at least 6 employees.
Timing of inquiry: Employers for Kansas City may only inquire into criminal history after it has been determined that the applicant is otherwise qualified for the position, and only after the applicant has been interviewed for the position.
Adverse action implications:
Individualized assessment. Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice. This assessment must demonstrate that the employment–related decision was based on all information available including consideration of the frequency, recentness and severity of a criminal record and that the record was reasonably related to the duties and responsibilities of the position
Who must follow: This ban-the-box law applies only to public sector employers for Kansas City, MO.
Timing of inquiry: Public sector employers for Kansas City may only inquire into criminal history after it has been determined that the applicant is otherwise qualified for the position, and only after the applicant has been interviewed for the position.
Consideration of records: This ordinance states that employers may not consider non-convictions, expunged or annulled cases, pleas of guilty without formal conviction, suspended impositions of sentence, and misdemeanor convictions for which no jail sentence can be imposed.
Adverse action implications:
Individualized assessment. Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
Who must follow: This ban-the-box law applies only to public sector employers for the city of St. Louis, MO.
Timing of inquiry: Public sector employers for St. Louis may not inquire into criminal history on the job application, and may only screen for certain sensitive positions.
Adverse action implications:
Individualized assessment: Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
ST LOUIS, MO – PUBLIC AND PRIVATE SECTOR (effective January 1, 2021)
Who must follow: All employers within the city of St. Louis with 10 or more employees (public and private).
Timing of inquiry:
An employer may not inquire into, seek to obtain, or request that a job applicant disclose criminal history information until after it has been determined that the applicant is otherwise qualified for the job position, and only after the applicant has been interviewed or is in the final selection pool of applicants for the position
Adverse Action Requirements:
An employer may only base a hiring or promotional decision on an applicant’s criminal history if the employer can demonstrate that the decision is based on all information available including the frequency, recentness and severity of the criminal history and the history is reasonably related to the job position
Job Advertisements/Hiring Forms:
Employers may not publish job advertisements or use hiring forms that exclude applicants on the basis of criminal history
Exceptions apply for positions where federal, state, or City of St. Louis laws or regulations preclude employers from hiring individuals with certain criminal histories.
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