Executive Summary
Coverage: The Columbia ordinance covers all employers with employees in Columbia, MO.
Effective Dates: Currently in effect.
Overview:New ordinances in Columbia, Missouri, limit an employer’s ability to inquire into an applicant’s criminal history.
Action Required: Application forms and conviction inquiries may require updating to conform to the new laws. Employers also should review job descriptions and requirements carefully to determine whether any positions fall under any of the listed exceptions in these laws.
The Details
Columbia, MO
Effective immediately, the Columbia, Missouri, ordinance, passed on December 1, 2014, limits inquiries into an applicant’s criminal history.
An employer may not ask about an arrest, charge, or conviction until after making a conditional offer of employment. Exceptions to this prohibition include: (1) where law or regulation requires exclusion of an applicant convicted of a particular crime; (2) where a required fidelity or equivalent bond would exclude a person who was convicted of a particular crime; and (3) for employers of Emergency Medical Services (EMS) Systems Act-licensed individuals. In this regard, the ordinance recognizes the employer may need to advise the applicant that there are certain convictions that may disqualify someone from employment with the employer. For example, employers may include a question on the application or ask during an interview whether the applicant has ever been convicted of any offenses that would disqualify that person from obtaining required bonding.
Like many state laws and federal law and guidance, Columbia encourages employers not to automatically disqualify someone who has been convicted of a crime, but rather to conduct an individualized assessment and consider the severity and recentness of the crime and rehabilitation, and the duties and responsibilities of the position, among other things, before denying employment. However, unlike the Prince George’s County and Montgomery County ordinances, there is no specified time period, notice, or other requirements associated with this assessment.
An individual who believes his or her rights have been violated can bring a complaint with the local Commission within 180 days. The complaint will be investigated to decision. The maximum penalties under the ordinance are a $1,000 fine, imprisonment for 30 days, and a misdemeanor conviction.
As always, please contact your HR Business Partner if you have any questions.
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