It’s 2025, it is the time to ensure company handbooks and personnel policies are up to date with the new laws that passed throughout the year.
One of these being “Ban the Box” additions or changes to “Ban the Box” laws throughout the U.S. While not a federal law, states can adopt “Ban the Box” initiatives as can cities and counties within a state. In some cases, “Ban the Box” initiatives in a county and state can be more stringent than the “Ban the Box” legislation enacted by a state.
Kansas
The state does not have a statewide “Ban the Box” law, but Governor Laura Kelly issued an executive order in 2018 that banned the box for executive branch hiring. Some other government entities in Kansas have also implemented their own “Ban the Box” rules.
In Kansas, consumer reporting agencies cannot report arrests or conviction records older than seven years for jobs paying less than $20,000.
Missouri
Missouri also does not have a statewide “Ban the Box” law, but it has implemented “Ban the Box” on applications for state government jobs.
In Missouri, employers can use credit history in employment, but the Fair Credit Reporting Act (FCRA) limits background checks to seven years of history.
Cities within Missouri have local “Ban the Box” ordinances in place:
- Kansas City: The city’s ordinance prohibits private employers with at least six employees from asking about an applicant’s criminal history until after the applicant has been interviewed. Employers who violate the ordinance may have their business license revoked for 30 days.
- St. Louis: The city’s ordinance prohibits employers from asking about or investigating an applicant’s criminal history until after the applicant has been interviewed and determined to be qualified for the job.
Because of these nuances, private employers are encouraged to review criminal background check procedures to ensure they are compliant with local and state laws. Does the employer meet the threshold required to be bound by the law? It’s also important to look at the entirety of the hiring process from the initial application review through to the hiring decision.
Review Policies Often
The National Law Review recommends reviewing and updating policies, procedures and handbooks at least annually. In addition to “Ban the Box,” initiatives, check to see if updates are necessary about harassment complaints and procedures for investigation. Handbook documents should also include legally required notices where applicable.
This includes looking at:
- Leaves of absence
- Paid time off
- Protected employment categories
- Wage and hour
- Benefits
- Workplace accommodations
With change continuing at a rapid pace, its important policies are in alignment with how business is run on a day-to-day basis. Ensure any changes are communicated promptly to leadership, employees and customers and allow a dedicated time/space for asking questions.
This helpful article is brought to you by Staffing Kansas City, a Kansas City employment agency that provides contract-to-hire, direct hire and temporary employment placement services.
