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

  • December 04 Chicago Public Schools has dismissed hundreds of employees, coaches, vendors, and volunteers based on background check findings. The district recently vowed to re-check the majority of its 68,000 employees after a Chicago Tribune investigation revealed holes in its background check policies.
  • November 29 Striving to create a safer environment more conducive to productive training and leadership development, the Army has recently moved to adopt a uniform policy of background checks for certain roles. 
  • November 27 California’s biggest public school district is waiving the cost of volunteer background checks. The move is meant to encourage more family - and community members to get involved with the school district.
  • November 22 Contractors play an important role in the workforce, delivering services to both individuals and organizations. Vetting contractors for suitability continues to be a challenge, as two recent articles prove.
  • November 21 When it comes to background and pre-employment checks, it can be instructive to look at the characteristics of the ten most massive U.S. employers.
  • November 20 The #MeToo movement is bringing about legislative changes employers need to know about. We review some of the laws recently passed in California.
  • November 19

    Will a criminal conviction show up on your background check forever? In most states, there is a year limit for how long background check companies can report older criminal information.


  • November 15

    Replacing an inconsistent array of procedures, Ontario's government has passed into law a reform act intended to clarify how police departments should handle requests for information to be used in background checks. 


  • November 14 The federal government has vowed to cut its backlog of security clearance background checks in half by spring. Currently, the backlog is approximately 600,000 names strong.
  • November 12 To ensure the best hires, DFWSPF has implemented a stringent employee screening process—one that includes background searches through backgroundchecks.com.