Expanding Employment Protections for Individuals with Criminal History in Kansas City

In 2018, Kansas City, Missouri, amended Chapter 38 of the city code ordinance to expand “ban the box” initiatives, prohibiting private employers and landlords from asking about criminal history on initial applications. This was one of Kansas City’s first efforts to offer second chances to individuals with a criminal past trying to reintegrate back into society.

Recently, legislators in Kansas City, Missouri, voted in favor of Ordinance 241074, setting specific boundaries to prevent unlawful discrimination against individuals during the interview process based on criminal history. This article provides an overview of Ordinance 241074 and opines on its impact on employment.

Ordinance 241074 in a nutshell

The Kansas City Council passed the 2025 ordinance with a 9-3 vote on January 16, 2025. The law, which became effective immediately, takes steps to prohibit unlawful discrimination against people with criminal histories, marking a new era of reduced barriers for formerly incarcerated individuals. As council member Melissa Robinson stated:

“It ensures that we have a greater amount of people in our city that are able to reach their full potential,” Robinson said. “And they're not having to deal with unnecessary baggage based off of things that they did previously.”

It also establishes new criteria regarding what employers may and may not consider during the hiring process.

Employer restrictions and exceptions

Ordinance 241074 outlines specific conditions to help employers comply with the new law and align with Kansas City's goal of safely giving second chances to individuals with a criminal past and reintegrating them into society. Below is a high-level overview of the guidelines listed in Ordinance 241074.

Restrictions

• Company size and timing of criminal inquiry correlation: In most situations, employers with six or more employees are not permitted to ask about an applicant’s criminal history or charges until the candidate is already considered qualified and under serious consideration for the role.
• Restrictions on decision-making: Employers are generally not permitted to make decisions based on criminal history regarding hiring and promotion without showing that the decision was based on:
  • The fair consideration of all available information;
  • A reasonable relationship to the duties and responsibilities of the position; and
  • The frequency, recentness, and severity of the criminal behavior.

Exceptions

• Exclusions based on law or regulation: Employers can exclude applicants with certain criminal convictions if required by local, state, or federal law or regulation.
• Order of protection: In some circumstances, employers can exclude applicants based on an order of protection.

In certain circumstances, employers may still inquire about criminal history after the interview process is completed. When inquiring about criminal history under the conditions permitted by law, all qualified candidates should undergo a uniform process.

Kansas City’s Office of the City Clerk allows you to track the history of Ordinance 241074 as well as the full details of the council meeting. These resources can be viewed here.

The bigger picture

This law positions Kansas City among a growing number of jurisdictions working to reduce barriers for people with criminal records—reflecting a growing trend among states and municipalities to implement fair chance, clean slate, and “ban the box” style laws. Other recent examples include the clean slate law Connecticut introduced this year and the multiple amendments California has made to its fair chance laws.

Laws geared toward giving those with a criminal history a second chance have seen a lot of growth in the past few years, and that growth continues into 2025 with Ordinance 241074. Employers in Kansas City should remain aware of developments and changes to this new ordinance. Additionally, please be mindful that this law may also impact employers who hire remotely in Kansas City, Missouri

This article is for informational purposes only and does not constitute legal advice or official predictions of future laws and regulations. Hiring professionals, HR professionals, and administrators should consult their legal counsel to ensure all actions comply with the law.