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The city passed Ordinance 71074, which prohibits employers from including questions about criminal records on job applications.

About Ordinance 71074

St. Louis, Missouri passed a Ban the Box Ordinance. It prohibits employers in the city from “basing job hiring and promotion decisions on an applicant’s criminal history unless the employer can demonstrate its relevance to the job-related decision, and inquiring about an applicant’s criminal history until after it has been determined the applicant is otherwise qualified for the position, unless the applicant is part of a final pool of applicants for the job position and all of the applicants are asked.”

The Ordinance was approved on January 10, 2020. It prohibits employers in the city from:

• Denying employment or promotions due to a criminal record unless they can demonstrate the offense is reasonably related or relevant to the expected job duties.
• Asking about a candidate’s criminal history prior to determining the person is otherwise qualified.
• Inquiring about a person’s criminal history until after an interview has been conducted.
• Running job advertisements that include content which says applicants who have a criminal record should not apply.
• Including questions about criminal history on job applications.

The ordinance goes into effect on January 1, 2021. Read the full text.

Exceptions & Penalties

Ordinance 71074 creates some exceptions. It does not apply to positions for which federal or state laws or city ordinances prohibit employers from hiring individuals who have criminal histories.

The Ordinance also creates penalties for violations:

• The first violation warrants a warning issued by the Office of the License Collector and an order to become compliant within 30 days.
• The second incurs another letter and a civil penalty.
• The third could result in the revocation of a business operating license.

What Employers Should Know

Organizations in St. Louis should be aware of this Ordinance and prepared for compliance by January 2021. To do so, employers may need to update their job listings, train human resources personnel and revise written procedures regarding hiring and background screening. Any such document should be provided to every person who is involved in the hiring process.

Employers in St. Louis and throughout the country are still encouraged to run background checks. However, it is essential to be compliant with federal, state and local laws. We recommend consulting with legal counsel.

Running Background Checks

Background checks are an essential part of the due diligence process. They help employers identify individuals who are likely to succeed and can show if a candidate has a violent or other serious conviction that might indicate they pose an undue risk to other workers, customers or the public.

If you are brining on employees, volunteers or contractors, please contact us. Our highly experienced team can help develop background check packages for any position. We also keep up with federal, state and local laws that affect employers and provide educational resources like this blog and our State Laws section. We’re available to assist you Monday through Friday from 5am to 6pm PT.