Effective June 9, 2018, a new Kansas City, Missouri city ordinance now places restrictions on the use of an applicant’s criminal history and records in the hiring process by KCMO-located private employers. Kansas City became one of more than 150 municipalities nationwide and 29 states to pass similar ordinances or laws.  It is important for employers with employees located in Kansas City, Missouri to understand the requirements and implications of this ordinance.  

Ordinances and laws aimed at protecting an applicant’s criminal history are often referred to as “ban-the-box” laws because they forbid employers from asking about prior criminal convictions on the initial application. However, the Kansas City ordinance does more than merely ban a “have you ever been convicted of a crime?” box on the application. It “bans” employers from even asking about criminal records until much later in the hiring process.

Under Ordinance No. 180034, Section 38-104, before an employer may inquire about an applicant’s criminal history, the employer must determine whether that applicant is “otherwise qualified” and then must interview that applicant for the position. Only after the employer makes the required determination and completes the interview may inquiry be made into the criminal history of all applicants within the “final selection pool of candidates."

The ordinance also makes it unlawful to base a hiring or promotional decision on an applicant’s criminal history unless the employer can demonstrate that the decision was “based on all information available.” This includes a consideration of the frequency, recentness, and severity of a criminal record. In order to refuse to hire or promote based on a criminal record, the record must be “reasonably related to the duties and responsibilities of the position.”

These strict requirements contained in the ordinance apply to private employers with six or more employees.  Violations will be investigated and prosecuted by the Kansas City Human Relations Department, with remedies including civil penalties, reinstatement, back pay, and actual damages.

Per the ordinance, the requirements will not apply when an employer is required to exclude applicants with a criminal conviction due to a local, state, or federal law or regulation.

Kansas City employers should review their hiring processes and procedures, including all application forms and questions to ensure compliance with the ordinance. Recruiters, hiring managers, and employees should also be aware of the requirements of the ordinance to avoid asking about criminal history prematurely. Employers may want to develop procedures or standards for conducting an assessment of a candidate with a criminal history. Even if the inquiry occurs at the proper point in the hiring process, the employer will need to be able to demonstrate that a decision not to hire was reasonable and that the frequency, recentness, and severity of the criminal record was considered. Having a documented process in place will help in demonstrating compliance.

The employment attorneys at Martin Pringle are here to help. They can answer your questions about the new ordinance and assist you in taking the steps necessary to assure you are in compliance with this and other requirements the employment law arena.