March 6, 2018
Employers in Kansas City, Missouri should be aware of a "Ban the Box" law that prohibits questions about criminal records on job applications.
The Ban the Box Movement has grown significantly over the last few years and continues to gain momentum. As of February 2018, 30 states and around 150 cities have implemented Ban the Box laws, all of which are intended to help people with criminal histories find employment opportunities. While these laws vary drastically, the basic concept is to disallow employers from asking about criminal records on job applications.
In the past, many applications included questions about whether or not the applicant had any type of criminal record. If so, they were asked to check a box. Applicants who checked this box were unlikely to receive further consideration, regardless of the type of record they had. That caused people who were fully eligible to be overlooked by many employers.
Banning the box increases the likelihood that job seekers will get initial interviews. It also gives employers more chances to discover qualified candidates. This is an important goal of the Ban the Box movement: to help employers acquire a more comprehensive picture of their applicants so they can make informed hiring choices.
The City Council had a vote about banning the box on February 1, 2018. A councilman who sponsored the bill, Jermaine Reed, believes this is important because thousands of residents are "stigmatized by old criminal records." This can lead to increased unemployment rates and, in turn, higher crime rates.
Missouri implemented a Ban the Box law in 2016 that applies to state employers. According to city officials, 139 ex-offenders have been hired for government positions since then. After hearing opinions from those who supported and opposed the concept, the City Council voted in favor of the new Ban the Box law. It goes into effect on June 9, 2018.
Any employer that has questions about criminal records on job applications should remove them to comply with this new law. Since the Ban the Box movement continues to grow, current best practice is for employers everywhere to remove questions about criminal records from their applications, even if they don't operate in an area that has a similar law in place.
Kansas City employers will still be permitted to ask applicants if they have a criminal history and run criminal background checks. However, that will have to occur later in the hiring process. If an applicant does have a criminal record, then the employer may consider that when making a final hiring decision.
Missouri also has laws in place to prevent sexual offenders from being allowed to work with children or other vulnerable populations.
Every year numerous new laws are passed that affect the screening and hiring process. It is critical for employers to remain compliant. Keeping up with these laws, however, can be difficult.
At Backgrounds Online we make great efforts to learn about employment-related laws and provide educational resources. If you have questions about what we can do to enhance your background screening and compliancy efforts, please contact our knowledgeable staff for assistance.