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Ban the Box Ordinance Set to Take Effect in St. Louis In January

 

Beginning January 1, 2021, a new Ban the Box ordinance will take effect for many employers in St. Louis.

Earlier this year, St. Louis approved Ordinance 71074 which will apply to employers in the city with 10 or more employees.  Under this ordinance, these employers cannot base a decision to hire or promote an employee based upon an applicant’s criminal history, “unless the employer can demonstrate that the employment related decision is based on all information available including the frequency, recentness and severity of the criminal history and the history is reasonably related to or bears upon the duties and responsibilities of the job position.”  As well, these employers are also prohibited from asking about a job applicant’s criminal history until after the employer has determined the applicant is otherwise qualified for the position and interviewed the applicant.  However, employers may inquire about “all job applicants who are in the final selection pool from which the position will be filled.”

Employers are also prohibited from publishing job advertisements that exclude applicants on the basis of criminal history as well as prohibited from including statements on job applications (or other hiring forms) that exclude applicants on the basis of criminal history.

While January 1st is still a few months off, for those employers in St. Louis that fall within the scope of Ordinance 71074, I would suggest you start taking steps to ensure compliance.


For a copy of Ordinance 71074:  https://www.stlouis-mo.gov/internal-apps/legislative/upload/Ordinances/BOAPdf/71074%20Combined.pdf

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