Another measure proposes to expand the practice to all employers.
Gov. Nixon Bans the Box on State Job Applications
Last
month, Missouri joined 22 other states and 100 cities and counties that have
enacted ban the box measures when Gov. Jay Nixon signed an executive order
removing the criminal background question from state job applications.
Now,
during the hiring process for most state jobs, a candidate’s criminal history
won’t be inquired about until the interview process. There are some exceptions
for jobs that do not permit criminal history or require an upfront criminal
background check, such as bank examiners or law enforcement officers.
While
Gov. Nixon’s executive order only applies to state hiring, there is another
measure in the Senate that would apply ban the box law to private employers.
Under SB 724, businesses with six or more employees would be prohibited from
inquiring about or considering the criminal record of a job applicant before
the applicant has received a conditional offer of employment. If criminal
history is disclosed after a job offer is made, employers may only withdraw the
offer if the criminal offense bears a ‘rational relationship’ to the duties of
the position. Felonies may be considered if less than 10 years have passed
since the applicant was released from custody, and misdemeanors may be
considered for a five-year period.
So
far, the measure has not moved from the Senate Small Business, Insurance, and
Industry Committee. Senate President Pro Tem Ron Richard also told St. Louis
Public Radio that he doubts the Legislature would expand the law to private
businesses at this time.
NFIB
opposes ban the box measures because they hamper small business owners’ ability
to run their companies. The interview process costs time and money, and if a
candidate is found to be unqualified for the position, the business owner has
to start the process all over again. NFIB/MO will be monitoring this issue.
