New Mexico Employment Law Update – February 2018February 23, 2018
California Employment Law Update – February 2018February 23, 2018
Kansas City Ban the Box Ordinance
On February 1, 2018, the Kansas City Council in Missouri passed an ordinance (180034) restricting an employer’s inquiry into, and use of, criminal record information. Specifically, the ordinance makes it unlawful:
- For an employer to base a hiring or promotional decision on an applicant’s criminal history or related sentence, 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.
- For an employer to inquire about an applicant’s criminal history 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.
However, these ban-the-box provisions 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.
Violations incur civil penalties and may require that an employer reinstate an employee along with the award of back pay and actual damages.
The ordinance is effective June 9, 2018.
Read the ordinance