Background checks have become a prevalent practice in the realm of employment applications. This screening process is governed by a mosaic of regulations at the federal, state, and local levels, creating a diverse landscape of requirements across the nation. Providing a foundation for these standards is the Fair Credit Reporting Act (“FCRA”), which establishes fundamental guidelines for the utilization of data found within consumer reports, encompassing aspects such as conviction histories and arrest records.

Title VII: Unequal Treatment of Job Seekers

• Ensuring fairness in hiring procedures holds significant importance as enshrined in Title VII of the Civil Rights Act of 1964;
• The legislation places a paramount emphasis on equitable practices among employers;
• Legal ramifications loom over entities covered by the Act that engage in discriminatory conduct during their hiring processes, particularly when disparities emerge based on attributes such as race, color, religion, sex, or national origin (42 U.S.C. § 2000e-2(a)).

To exemplify, envision a scenario where two individuals boasting akin educational and professional backgrounds submit their applications for a single role. These candidates share a common history of a past conviction related to marijuana possession during their college years. However, the company decides to decline the application of the African American candidate solely due to their prior conviction, while concurrently extending a job offer to the white applicant. In instances where all other considerations remain identical, this situation may inevitably trigger the emergence of a claim centered around disparate treatment as outlined in Title VII.

In this hypothetical, the African American candidate could potentially initiate legal proceedings against the company, citing a case of disparate treatment founded upon racial bias. This underscores the significance of eradicating discriminatory tendencies from hiring practices and maintaining an equitable, fair-minded approach that upholds the principles set forth by the Civil Rights Act of 1964.

Unveiling Missouri’s Background Check and Licensing Laws

• In April 2016, an executive order from Governor Jay Nixon ushered in a distinct approach to background checks in Missouri;
• The order specifically prohibited state departments, boards, and commissions under the executive branch from inquiring about criminal history during initial job applications—a policy outlined in Executive Order No. 16-04;
• Worth noting is that this directive exclusively pertains to state employers, excluding private entities, local government agencies, and other state government employers.

Distinctly touching upon the intersection of professional licensing and criminal backgrounds, Missouri enforces laws with careful consideration. The state’s legal framework prohibits state and local boards and agencies, tasked with licensing applicants in various professions, from outright denying licenses based solely on past felony or misdemeanor convictions. This stance holds, provided that the applicant has been released from incarceration or has not breached probation (§ 314.200 RSMo). Notably, a comprehensive perspective on the applicant’s character is advocated, and a license shall not be denied merely due to an extensive history of felony criminal convictions (Missouri Real Estate Commission v. Held, 581 S.W.3d 668, 676).

A separate statute bolsters this approach by forbidding license denial for any occupation or profession purely on the grounds of a previous felony conviction (§ 324.029 RSMo). While prior convictions are acknowledged as evidence of character, they are weighed against factors such as the nature of the crime, the time elapsed since the conviction, the applicant’s conduct post-conviction, and other character indicators (§ 314.200 RSMo). Nevertheless, the door remains open for state agencies to withhold licensure in cases of certain prior convictions, including those pertinent to professional duties, dishonesty-related convictions, and acts involving moral turpitude (e.g., § 339.100.2 RSMo).

Navigating Local “Ban the Box” Laws in Missouri

In a recent development, the cities of St. Louis and Kansas City have taken a proactive stance by enacting ordinances that curtail employers’ reliance on an individual’s criminal history for hiring or promotional decisions. These regulations, commonly referred to as “ban the box” laws, aim to foster fair employment practices.

In St. Louis, employers boasting a workforce of ten (10) or more employees were prohibited from inquiring about criminal history on job applications as of 2021. Importantly, these queries are off-limits until after the applicant has undergone an interview. Should an employer opt to delve into an applicant’s criminal past, this investigation must be uniform across all candidates. Any breach of these provisions could result in admonitions, civil penalties, or even the revocation of a business license (refer to Ordinance No. 71074). It’s worth highlighting that executive orders in both St. Louis and St. Louis County extend the prohibition on probing into criminal histories to encompass executive branch employees within these jurisdictions.

Kansas City mirrors this approach through a similar ordinance, although its scope is extended to employers with a staff of six (6) or more individuals. A violation of this regulation may lead to a 30-day suspension of the violating employer’s business license. Furthermore, even Columbia, Missouri has joined the “ban the box” movement, emphasizing the importance of consulting with legal experts to ascertain whether the city or municipality in question adheres to analogous rules. Thus, staying informed and retaining legal counsel is essential for navigating the intricate web of local ordinances.

Employer Legal Guidance

For employers, comprehending the legalities and duties tied to background checks is of paramount importance. The prerequisites for such checks vary across jurisdictions, obliging employers to navigate the intricate landscape of federal, state, and local regulations. Overlooking these legal requisites can potentially lead to arduous litigation and significant liabilities.

To safeguard against such pitfalls, seeking counsel from seasoned attorneys is indispensable. An attorney well-versed in this domain can provide the necessary guidance to ensure compliance with pertinent laws. Our team of legal experts is available to offer comprehensive consultations and tailored employee training sessions, shedding light on your rights and responsibilities.

Don’t hesitate to connect with our accomplished attorneys today for a consultation that prioritizes the protection of your rights and interests. Your journey toward compliance begins with expert advice.

Get in Touch

Reach out to Dolley Law, LLC for further insights into your legal rights and responsibilities when it comes to conducting background checks. You can contact us at (314) 645-4100 or drop an email to [email protected].

Conclusion

In the dynamic landscape of employment, understanding the intricate web of background check laws is paramount. Legal compliance is not just a choice, but a safeguard against costly consequences. By seeking expert consultations, employers can navigate these complexities with confidence, ensuring their practices align with the ever-evolving legal requirements. Don’t hesitate to connect with knowledgeable professionals who can guide you toward informed decisions that protect your business, your employees, and your interests.