Arrest Record Discrimination Laws in Missouri

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Equal Employment Opportunity Commission (EEOC) enforces federal protections against employment discrimination. While Title VII does not explicitly address arrest records, the EEOC has issued guidance stating that blanket policies excluding all individuals with arrests may create a disparate impact on protected classes (particularly Black and Hispanic workers) and therefore may violate Title VII if not job-related and consistent with business necessity.

The federal standard applies to employers with 15 or more employees. Under federal law, an employer may consider an arrest record only if: (1) the arrest is directly related to job duties, and (2) business necessity justifies the consideration. An arrest without conviction carries stronger legal protection than a conviction.

Federal law also includes protections under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) if an employer uses a third-party background check company. The FCRA requires proper notice, authorization, and opportunity for the employee to dispute inaccurate information before the employer takes adverse action based on the report. Remedies under Title VII include back pay, front pay, reinstatement, and compensatory damages. The EEOC investigates charges and may pursue litigation on behalf of claimants.

Missouri Revised Statutes § 379.032 provides state-level protection specifically addressing arrest records in employment. Missouri's law is stronger than the federal Title VII baseline because it explicitly and directly prohibits discrimination based on arrest records, whereas federal law only addresses this indirectly through disparate impact theory.

Missouri law applies to all private employers, regardless of size (unlike Title VII which covers only employers with 15+ employees). This means even small Missouri employers with fewer than 15 employees are prohibited from discriminating based on arrest records under state law.

Under Missouri § 379.032, an employer cannot discriminate against an applicant or employee based on an arrest record unless the arrest has resulted in conviction and the circumstances of the conviction are directly related to the job duties and business necessity exists for the consideration. The statute distinguishes between arrests and convictions: arrests without conviction receive substantially stronger protection. A mere arrest, standing alone, cannot form the basis for employment discrimination.

Missouri also prohibits discrimination based on sealed or expunged records. If a record has been sealed or expunged, the individual may legally answer "no" when asked about arrests, and the employer cannot consider a sealed or expunged record in making employment decisions.

State-specific protections include a broader class of covered employers (all private employers, not just those with 15+ employees), explicit reference to arrest records (not requiring disparate impact analysis), and strong protections for sealed or expunged records. Remedies under Missouri law include reinstatement, back pay, front pay, compensatory damages for emotional distress, and attorney's fees. The Missouri Commission on Human Rights (MOCHR) enforces state discrimination laws.

Missouri employers may consider arrest records in limited circumstances where business necessity and direct job relatedness are established. An arrest that resulted in conviction may be considered if the conviction is directly related to job duties. However, the employer must still conduct an individualized assessment and cannot apply a blanket policy excluding all persons with convictions.

An important exception exists for certain types of employment. Some positions, particularly those involving access to children, vulnerable adults, or sensitive information, may have legitimate business reasons for considering arrest or conviction history. However, even in these cases, the employer must demonstrate direct job relatedness and business necessity rather than applying a blanket exclusion.

Arrest records that have been sealed or expunged are legally treated as if they never occurred; employers cannot consider sealed or expunged records and cannot ask about them on applications. An employee may legally deny sealed arrests if asked.

At-will employment doctrine generally applies in Missouri, meaning employers can terminate employees for most reasons. However, this cannot override the explicit prohibition against arrest record discrimination. An employer cannot use at-will status as a justification for discrimination based on arrest records.

Government employers face additional restrictions beyond private sector requirements. Missouri state and local government positions must follow more stringent rules regarding arrest record consideration, and some positions are categorically restricted from hiring individuals with certain types of arrests or convictions.

Some employers may argue "business necessity" for positions in finance, law enforcement, security, education, or healthcare, but must prove this necessity applies to the specific job rather than making a blanket assumption.

Step 1: Document Everything. Keep copies of all job applications, rejection letters, interview notes, and communications with the employer. If you were terminated, save your employment records, performance reviews, emails, and any references to your arrest record. Document the date you informed the employer of the arrest, the date of rejection or termination, and any statements the employer made about the arrest. Take screenshots of online job postings showing arrest record inquiries. Request your personnel file from the employer.

Step 2: Attempt Internal Resolution (Recommended but Not Required). Most employment claims benefit from an initial internal complaint, though it is not legally mandatory in Missouri. Send a written letter to your employer's Human Resources department or manager clearly stating that you believe you were discriminated against based on your arrest record in violation of Missouri law. Include specific dates, facts, and how you were harmed (not hired, terminated, denied promotion). Request a response within 10 business days. Keep a copy for your records and send via email or certified mail with return receipt.

Step 3: File with the Correct Agency. You have two primary options that work in parallel: the Missouri Commission on Human Rights (MOCHR) and the EEOC. File with MOCHR at: Missouri Commission on Human Rights, 3315 West Truman Boulevard, Jefferson City, Missouri 65109, or online at www.labor.mo.gov/mohr. You can also file with the EEOC at: EEOC Kansas City Area Office, 400 State Avenue, Suite 905, Kansas City, Kansas 66101, by phone at 1-888-669-3362, or online at www.eeoc.gov/filing-charge. Both agencies accept charges; filing with one triggers investigation by both. The filing deadline is 180 days from the discriminatory action (the date you were rejected, terminated, or denied a promotion based on the arrest record). Your charge must include: your name and contact information, the employer's name and location, the date of the discriminatory action, a clear description of what happened and how your arrest record was involved, your desired outcome (back pay, reinstatement, damages), and whether you have filed with any other agency.

Step 4: Investigation and Resolution Process. Once you file, the agency (MOCHR or EEOC) will typically send you a case number and notify the employer. The agency will investigate your claim, which involves reviewing documents, interviewing you and the employer, and examining the employer's hiring or termination practices. This investigation typically takes 60-180 days, though timelines vary. You may be asked to provide additional documentation, explain your damages, and clarify your desired remedy. The agency will issue a determination of whether probable cause exists to believe discrimination occurred. If probable cause is found, the agency may attempt settlement negotiations between you and the employer. If no settlement is reached, the case may proceed to formal hearing before an administrative law judge.

Step 5: Consult an Employment Attorney. Consider contacting an employment law attorney once you have filed your charge, especially if the employer contests your claim or if you were terminated and suffered substantial financial loss. An attorney experienced in Missouri employment discrimination law can review the agency's investigation, prepare you for hearing if needed, and represent you throughout the process. Many employment attorneys work on contingency (you pay only if you win) or charge reasonable hourly rates. An attorney can help calculate damages, identify additional legal claims (wrongful termination, retaliation), and negotiate settlements. Look for attorneys certified in civil trial advocacy or those with specific experience in employment discrimination cases.