The hot trend of ban the box legislation shows no signs of slowing down as we head into 2020. As noted yesterday, employers now need to scramble to come into compliance with Maryland’s new statewide ban the box law. Now employers in St. Louis, Missouri need to revisit their hiring practices as well.
The Ordinance applies to employers located in the city of St. Louis with ten or more employees. Impacted employers may not:
The last prohibition in particular is concerning as it could be interpreted as banning criminal background checks in St. Louis. However, in reviewing City Council meetings it appears that was not the intent of this legislation. Rather, they simply wanted to prevent that type of search until after the interview. Employers should stay tuned on this issue in the event the city issues further clarifications or amends the Ordinance.
To alleviate these concerns, the City Council amended the ordinance removing mention of private employers. Thus, only employers with contracts or vending relationships with the City need to be concerned with this ordinance.
St. Louis, Missouri – New Ban the Box Ordinance
The St. Louis City Council passed Ordinance 71074 imposing ban the box requirements in January 2020. The law will take effect on January 1, 2021 leaving employers time to reevaluate their hiring and screening policies.The Ordinance applies to employers located in the city of St. Louis with ten or more employees. Impacted employers may not:
- Base a hiring or promotional decision on criminal history or sentencing unless the employer demonstrates the employment-related decision is based on “all information available”. This includes frequency, recentness and severity, as well as if the criminal history is reasonably related to or bears upon the duties and responsibilities of the position.
- Inquire into criminal history until the applicant is considered otherwise qualified for the position. The criminal history inquiry may also only take place after the applicant has been interviewed.
- Publish job advertisements excluding individuals on the basis of criminal history.
- Include statements excluding applicants on the basis of criminal history in job applications or other forms used in the hiring process.
- Inquire into or require disclosures of criminal history on initial job application forms.
- Seek to obtain publicly available information concerning job applicants’ criminal history.
The last prohibition in particular is concerning as it could be interpreted as banning criminal background checks in St. Louis. However, in reviewing City Council meetings it appears that was not the intent of this legislation. Rather, they simply wanted to prevent that type of search until after the interview. Employers should stay tuned on this issue in the event the city issues further clarifications or amends the Ordinance.
Columbia, South Carolina Modifies Ban the Box Law
In 2019, Columbia, South Carolina enacted a ban the box ordinance that caused significant concern within the business community. This concern was driven by confusing language within the ordinance that included private employers as a covered employer despite the City Council’s intent that the ordinance does not apply to private employers.To alleviate these concerns, the City Council amended the ordinance removing mention of private employers. Thus, only employers with contracts or vending relationships with the City need to be concerned with this ordinance.