Columbia City, Missouri, unanimously approved
the “ban the box” ordinance, prohibiting employers from asking about
applicants’ criminal histories or conducting background checks, before making a
conditional job offer. This law went into effect after its passage on December
1, 2014
Columbia’s “ban the box” law will apply to
both public and private employers.
The ordinance excludes positions where local,
state, and federal regulations bar employees with certain types of criminal
convictions. Enacting the ordinance was one of the Mayor’s Task Force on
Community Violence’s 26 policy recommendations for curbing violent crime.
The ordinance amends Chapter 12 of the City
Code to add a new Article V, pertaining to employment opportunities for
qualified applicants. The summary provisions are as follows:
ARTICLE V. EMPLOYMENT OPPORTUNITIES FOR
QUALIFIED APPLICANTS
Provisions
Except as provided in subsection (b), it
shall be unlawful:
(1) For an employer to inquire, question or
otherwise seek information on an employment application as to whether an individual
has ever been arrested for, charged with, or convicted of any crime.
(2) For an employer to inquire, question or
otherwise seek information as to whether an applicant has ever been arrested
for, charged with, or convicted of any crime until after the applicant has
received a conditional offer of employment.
Exclusions
(b) The requirements set forth in subsection
(a) of this section do not apply for positions where:
(1) Employers are required to exclude
applicants with certain criminal convictions from employment due to local,
state or federal law or regulation;
(2) A standard fidelity bond or an equivalent
bond is required and an applicant’s conviction of one or more specified
criminal offenses would disqualify the applicant from obtaining such a bond; in
which case, an employer may include a question or otherwise inquire whether the
applicant has ever been
convicted of any of those offenses; or
(3) Employers employ individuals licensed
under the Emergency Medical Services (EMS) Systems Act.
(c) This section does not prohibit an
employer from notifying applicants in writing of the specific offenses that
will disqualify an applicant from employment in a particular position.
(d) Employers are encouraged to not
automatically ban jobseekers with a criminal history. Employers may make final
employment-related decisions based on all of the information available to them,
including consideration of the frequency, recentness and severity of a criminal
record as well as rehabilitation efforts against the duties and
responsibilities of the position.
Complaints
(a) Any individual who claims to be aggrieved
by a violation of this article may file with the commission a complaint in
writing stating the name and address of the person alleged to have committed
such practice, the particulars thereof, and such other information as may be
required by the commission. If the alleged violation is that an employer is
seeking criminal history information on an employment application, then any
individual may file a complaint and that individual need not necessarily be
aggrieved before filing a complaint.
(b) All such complaints shall be filed within
one hundred eight (180) days of the date of the alleged violation.
Investigation,
resolution
(a) The investigator shall promptly
investigate the allegations of the complaint. After completing the
investigation, the investigator shall report to the commission the results of
the investigation and the investigator’s opinion on whether there is probable
cause to credit the allegations of the complaint.
(b) After receiving the investigator’s
report, the commission may direct further investigation. When the commission is
satisfied that the complaint has been properly investigated, it shall determine
whether there is probable cause to credit the allegations of the complaint. If
the commission determines that there is no probable cause, it shall dismiss the
complaint. If the commission determines that there is probable cause, the
commission may forward the matter to the city prosecutor.
(c) At any stage in the process, the
commission may close the case for good administrative reasons. Such reasons
shall include but not be limited to the following:
(1) The complainant has failed to cooperate
with the commission.
(2) The commission is unable to locate the
complainant or respondent.
(3) The complainant wishes to withdraw the
complaint.
Prosecutions;
time limitations
(a) No prosecution for a violation of any
provision of this article shall be commenced unless a complaint shall have first
been filed with the commission.
(b) The period of limitation for any
violation of this article shall not run during any time while a complaint
involving the alleged violation is pending before the commission.
Penalty
for violation of article
Any person who shall violate any provision of
this article shall be deemed guilty of a misdemeanor and shall, upon
conviction, be punished by a fine of not more than one thousand dollars
($1,000.00), or imprisonment not exceeding thirty (30) days, or by both such
fine and imprisonment.
Aurico reminds employers that Illinois and
New Jersey “Ban the Box” ordinances go into effect on January 1, 2015.