Key Takeaways
- Bans the box for employers with six or more employees.
- Employers are prohibited from making inquiries into an applicant’s criminal history until after determining the applicant is qualified and has been interviewed for the position.
- Employer may not base an employment decision on an applicant’s criminal history unless the employer can demonstrate they met the requirements as provided in the Ordinance.
The Kansas City Council recently approved Ordinance No. 180034, amending Chapter 38 of the City’s Code of Ordinances and expanding their ban the box law to private employers. The revised law will take effect June 9, 2018.
Who does this effect?
The law applies to all employers who employ six or more employees within the city limits.
What is prohibited in the law?
Employers may not:
- Base a hiring or promotional decision on an applicant’s criminal history or sentencing, 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 it was reasonably related to the duties and responsibilities of the position;
- Inquire about an applicant’s criminal history until after it has been determined that the individual is otherwise qualified for the position and 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.
Are there exceptions?
The ordinance does 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.
Recommendations
We recommend you review and discuss with your legal counsel your organization’s policies and procedures to ensure compliance with the changing laws and regulations.
Contact Accurate Background
For more information regarding recent legislative changes in other states and jurisdictions, visit our Legislative Updates page.
*Please note: Accurate prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. Accurate does not warrant any statements in these materials. Employers should direct questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply, to their own legal counsel.