Blog

 
     

City of Kansas City, MO Bans the Box and More

By Michael Klazema on 2/14/2018
The ordinance applies to any person employing six or more employees and employment agencies.

The ordinance excludes “positions where employers are required to exclude applicants with certain criminal convictions from employment due local, state, or federal law or regulations.” Under Section 38-1(31), “criminal history” means a record of a conviction, or a plea of guilty or no contest, to a violation of a federal or state criminal statute or municipal ordinance; records of arrests not followed by a valid conviction; convictions which have been, pursuant to law, annulled or expunged; pleas of guilty without conviction; convictions for which a person received a suspended impositions of sentence; and misdemeanor convictions where no jail sentence can be imposed.
  

The new Kansas City ordinance makes it unlawful for employers to

  • Base a hiring or promotional decision on an applicant’s criminal history or sentence, unless the employer can demonstrate that the decision was based on all information available including consideration of the frequency, recency, and severity of a criminal record and that the record was reasonably related to the duties and responsibilities of the position; and
  • Inquire about an applicant’s criminal history until after it was determined that the individual is otherwise qualified for the position, and only after the applicant has been interviewed for the position. Such inquiry may be made of all applicants who are within the final selection pool of candidates from which a job will be filled.

 The ordinance will be effective on June 9, 2018.

What This Means to You:

  • This applies to all employers in the City of Kansas City, MO who employ six or more people.
  • Employers may not inquire about an applicant’s criminal history until after the interview.
  • Employers may not base their employment decision on an applicant’s criminal history unless the employer both considers all available information, including the recency, frequency, and severity of the criminal history, and determines that the criminal history is related to the job and responsibilities of the position.

    The ordinance is accessible here for review: http://cityclerk.kcmo.org/LiveWeb/Documents/ Document.aspx?q=IHt5yW%2fwQpduyxYNDuTxlMQbdsERD1G%2fjjDf37FMsawqjhA1e Hf90k4dIT18NOZp

Tag Cloud
Categories
Recent Posts

Latest News

  • February 13 In its pursuit of municipal contracts, one of the world's largest private security companies faces intense questions over reports of lax procedures and questionable hiring choices.
  • February 11 Should your business be running social media background checks? For many reasons, this background screening is not the right choice for most employers.
  • February 11 Are you planning to visit a loved one in jail? Prisons and correctional facilities have different approaches to processing visitation applications, but most will conduct criminal background checks.
  • February 06

    Should background checks only concern criminal history? Issues with federal hiring highlight the need to look beneath the surface by examining applicant claims.

  • February 04

    Could your business be vulnerable to a lawsuit from the Equal Employment Opportunity Commission (EEOC)? A recent settlement between the EEOC and Dollar General outlines how a criminal history background check policy can inadvertently lead to discrimination.

     

  • February 04

    Every employer approaches the employee background check process a little bit differently. Many factors go into designing an adequate background check method for your business, including the duties and responsibilities of the open position.

  • January 30 AI is among the most popular tech buzzwords in every industry today, including the hiring sector. Developers contend that AI tools will ultimately eliminate bias, but doubts remain.
  • January 28

    A recent New York law restricts landlords in their ability to conduct tenant background checks or evict problem tenants. Some landlords are pushing for its repeal. 

     

  • January 28

    The concept of “passing” or “failing” a background check is difficult to understand because there are so many factors at play. Here’s what you need to know about failing a background check. 

  • January 23 Following the 2019 murder of an elderly woman by an in-home appliance installation subcontractor, Florida's legislators consider imposing new background check requirements.