Kansas City, MO: New Ban-the-Box Ordinance

The new ordinance limits an employer’s criminal conviction inquiries and hiring decisions in a few important ways:

• Employers are prohibited from inquiring into the applicant’s criminal history until the applicant is “within the final selection pool of candidates,” meaning the applicant has already been interviewed and determined to otherwise be qualified for the position;
• If an employer declines an applicant on the basis of criminal history information, the employer must conduct an individualized assessment that considers factors such as the frequency, timing, and severity of the criminal record; and
• Employers may take adverse employment action only if the offenses are “reasonably related to the duties and responsibilities of the position.”

Similar to many other ban-the-box provisions, this ordinance does not apply to positions where the employer is required by local or federal law to exclude applicants with criminal convictions.

Action Items

1. Review the text of the ordinance here.
2. Have employment applications, job postings, and other recruiting documentation revised for compliance with the new ordinance.
3. Have hiring staff trained on appropriate timing of criminal background searches and inquiries.
4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

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