Special Announcement to all City of Kansas City, MO employers:
Effective June 9, 2018, the City of Kansas City, MO will impose an ordinance that restricts employers in the city from asking about and using criminal background reports. It amends Chapter 38, Code of Ordinances, by repealing Sections 38-1 and 38-105, and enacting in lieu thereof new sections of like number and subject matter and adding a new Section 38-104, for the purpose of defining unlawful employment and housing actions based on criminal reports and use of criminal information; and establishing an effective date.
Under the law, the following restrictions will apply:
1. For an employer to base a hiring or promotional decision on an applicant’s criminal report or sentence related thereto, unless the employer can demonstrate that the employment-related decision was based on all information available including consideration of the frequency, recentness, and severity of a criminal record and that the record was reasonably related to the duties and responsibilities of the position.
2. For an employer to inquire about an applicant’s criminal report until after it has been 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.
Exceptions to this law are:
The requirements set forth in subsection (a) of this section do not apply to positions where employers are required to exclude applicants with certain criminal convictions from employment due to local, state or federal law or regulation.
The full text of the law can be found here.
This law will require a review of the hiring process in place and may require changes to that process. In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes, if any, need to be made to your hiring process.
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Justifacts goes to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.
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