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Kansas City’s Ordinance 241074 creates protections for individuals who have various types of criminal records.

About The Ordinance

On January 16, 2025, legislators in Kansas City, Missouri voted in favor of Ordinance 241074 to create second chances for people who have criminal records. It has a lengthy title which explains that it will: "include persons with criminal histories in the classes of persons who may be aggrieved by alleged discrimination or unlawful practices under the City’s Code of Ordinances, in order to combat the long-term impacts of incarceration."

The Ordinance begins by saying it is illegal to discriminate against people for various reasons, including race and gender. Next, it notes that individuals with criminal histories often suffer from discrimination, which makes it difficult for them to find employment, housing, and education. Then, the Ordinance establishes that it is unlawful for city employers to discriminate against a person based on their criminal history.

How City Employers May Use Criminal Records

The Ordinance clarifies that city employers may take adverse actions against candidates due to their criminal history if they:

• Can demonstrate that their decision was based on all information available, including consideration of the frequency, recentness and severity of a criminal record and that the offense was reasonably related to the duties and responsibilities of the position.
• Are required to do so by local, state or federal laws.

Uncertainties

Ordinance 241074 passed by a vote of 9-3. Some people opposed it because they felt the language was a little too vague. One complaint was that it is unclear whether it applies to private employers instead of just city agencies.

Another concern is that affected employers might feel obligated to hire someone who has a criminal record which would otherwise disqualify them, for fear of being accused of discriminatory practices.

What Employers Should Know

Employers in Kansas City, Missouri should be aware of Ordinance 241074 and prepared for compliance. The law establishes new criteria regarding what employers may and may not consider during the hiring process.

While there might be some uncertainty as to whether the Ordinance covers private employers, there are various “best practices” any organization can follow to help stay compliant with new and changing second chance laws. Examples include:

• Not inquiring about an applicant’s criminal history until after conducting an interview or extending a conditional job offer.
• Working with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA).
• Keeping up with new and changing laws wherever you operate.
• Individually assessing all criminal records found during the hiring process. For example, employers can consider:
• Whether an offense is relevant to the position being sought.
• How long ago an offense occurred.
• Whether the person has undergone any form of rehabilitation.
• If the person has any other offenses on their record.

If Your Organization Is Hiring

There are hundreds of Second Chance laws in effect throughout the nation. They are intended to help people re-enter society and overcome the stigma that can exist when a person has any type of conviction. However, it is still essential for employers to conduct due diligence and take steps to ensure they are hiring people that appear to be qualified, trustworthy and safe.

If your business is bringing on employees, contractors or volunteers, please contact us. Our experienced team can help you customize screening packages based on your particular needs, relevant laws and industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.