Ban the Box Laws in Missouri: Criminal History in Hiring

The Federal Contractor Ban the Box Rule applies nationwide to employers with federal contracts of $25,000 or more. Under 41 CFR part 60-741.44, federal contractors must not request that applicants disclose criminal history information on initial applications or during initial interviews. Contractors may ask about convictions after a conditional job offer has been made, but must then conduct an individualized assessment weighing the nature, severity, and recency of the offense against the job requirements.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), which prohibits discrimination based on race, color, religion, sex, or national origin. The EEOC has issued guidance stating that employers using blanket policies to exclude all individuals with criminal histories may violate Title VII if those policies have a disparate impact on protected classes. The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) regulates the use of criminal background reports and requires employers to provide notice and obtain consent before obtaining such reports.

For federal contractors, the Office of Federal Contract Compliance Programs (OFCCP) enforces the ban the box rule. Non-federal employers are not subject to the federal ban the box requirement but must still comply with Title VII when using criminal history information in hiring decisions. The Department of Labor also enforces FCRA compliance through the Wage and Hour Division.

Missouri does not have a statewide ban the box law. Missouri Revised Statutes do not restrict when private employers may ask about criminal history during the hiring process. Unlike states such as California, New York, or Illinois, Missouri imposes no timing restrictions on criminal background inquiries and no requirement for individualized assessment of criminal convictions.

Private employers in Missouri can ask about criminal history on initial job applications, during interviews, or at any other point in the hiring process. Missouri law does not require employers to consider the nature, severity, or recency of a conviction, nor does it require a legitimate business purpose to be articulated before inquiring into criminal history. There is no state-level restriction on the types of convictions employers may ask about, whether felonies only or including misdemeanors.

However, Missouri employers must still comply with federal law. If an employer is a federal contractor with a contract of $25,000 or more, the Federal Contractor Ban the Box Rule applies regardless of state law. Additionally, while Missouri has no categorical ban on using criminal history in hiring, employers must ensure that their practices do not create a disparate impact on protected classes under Title VII of the Civil Rights Act. The EEOC has made clear that employers using blanket criminal exclusion policies without individualized assessment may face discrimination claims if the policy disproportionately excludes individuals of a particular race or other protected category.

Some Missouri municipalities have enacted local ban the box ordinances. The City of Kansas City and the City of St. Louis, for example, restrict criminal history inquiries from city contractors and vendors during initial application and interview stages. These local rules apply only to employers seeking city contracts and do not affect private hiring by non-contractors. Employers seeking city business in Kansas City or St. Louis must review local ordinances.

Missouri law provides no exceptions to a private employer's right to inquire about criminal history at any stage of hiring. The main exception is the Federal Contractor Ban the Box Rule, which applies to federal contractors and requires delaying criminal questions until after a conditional offer. This federal rule does not apply to private employers without federal contracts.

Under the Fair Credit Reporting Act, employers may use criminal background reports obtained through third-party consumer reporting agencies, but must provide written notice to the applicant before obtaining the report and must comply with dispute procedures. The FCRA does not prohibit the use of criminal history; it regulates the manner in which background information is collected and reported.

Employers in Missouri are not required to exclude individuals with criminal records from consideration unless the offense is directly relevant to the job and poses a business necessity. However, Missouri law does not mandate this individualized assessment; it is only a best practice to avoid EEOC disparate impact claims under Title VII. At-will employment applies in Missouri, meaning employers can generally refuse to hire or can terminate employees for any non-discriminatory reason, including criminal history, unless a union contract or other agreement applies.

Missouri also recognizes certain defenses based on bond requirements. Some occupations, such as positions handling cash or working in certain licensed industries, may require surety bonds or professional licenses that individuals with certain convictions cannot obtain. In such cases, an employer's refusal to hire may be justified by a genuine occupational qualification rather than discretionary policy.

Public sector employers in Missouri must comply with state and federal constitutional protections and civil service laws, which may impose standards beyond those required for private employers. However, even public employers may consider criminal history unless a statute or regulation explicitly prohibits it.

Step 1: Document all interactions regarding criminal history inquiries. Keep copies of job applications, interview notes, emails, and any written policies regarding criminal background screening. If an employer asked about your criminal history, note the date, method (application form, interview, phone call), and who asked. Preserve any rejection letters or communications indicating that criminal history was a factor in the hiring decision. Take screenshots of online applications and save emails. If you are still employed and concerned about future consequences, maintain a contemporaneous record of conversations and decisions.

Step 2: Determine if you are protected under federal law. Check whether the employer has a federal contract of $25,000 or more. If so, the Federal Contractor Ban the Box Rule may have been violated if the employer asked about criminal history before making a conditional job offer. You can contact the employer's human resources department to inquire about their federal contracts, or you can file a complaint with the Office of Federal Contract Compliance Programs (OFCCP). If the employer is a city contractor with the City of Kansas City or City of St. Louis, check the local ordinance to determine whether the timing and scope of the criminal history inquiry violated local requirements.

Step 3: File a complaint with the appropriate agency. If the employer violated the Federal Contractor Ban the Box Rule, file a complaint with the Office of Federal Contract Compliance Programs (OFCCP) at https://www.dol.gov/agencies/ofccp. The OFCCP investigates violations of federal contractor requirements. If you believe the employer's use of criminal history violates Title VII (for example, because the employer applied a blanket exclusion policy that has a disparate impact on your race or another protected class), file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) at https://www.eeoc.gov/filing-charge or call 1-800-669-4000. You can also file in person at the nearest EEOC field office. Provide detailed information about the job posting, the date you applied, the questions asked about criminal history, your criminal record (if any), and any communication showing the employer's decision was based on criminal history. The deadline to file with the EEOC is 180 days from the alleged violation in non-deferral states, or 300 days if the state has a deferral agency; Missouri does not have a state civil rights deferral agency, so the federal 180-day deadline applies. If you are applying for a city contractor position with Kansas City or St. Louis, contact the city's office of human resources or equal opportunity office to file a complaint under the local ordinance.

Step 4: Understand the investigation process. If you file with the EEOC, an investigator will contact the employer within a few weeks to request information about the hiring process, the job posting, the applications received, and the employer's policies on criminal history screening. The investigator will ask whether the employer obtained criminal background reports and, if so, what criteria were used to exclude applicants. You may be interviewed by the investigator, and you can submit additional documents and witness statements. The investigation typically takes 180 to 240 days. At the conclusion, the EEOC will issue a determination that either there is reasonable cause to believe discrimination occurred (in which case the agency may attempt conciliation with the employer) or there is no reasonable cause. If the EEOC issues a no-cause finding, you have the right to request a Right-to-Sue letter, which allows you to file a private lawsuit in federal court.

Step 5: Consider consulting an employment attorney. If the EEOC finds reasonable cause or if you receive a Right-to-Sue letter, consult an employment discrimination attorney who handles EEOC charge cases and Title VII litigation. An attorney can evaluate whether the employer's use of criminal history created a disparate impact on a protected class and can negotiate a settlement or file a lawsuit seeking damages, back pay, and attorney fees. If the employer violated the Federal Contractor Ban the Box Rule, an OFCCP investigator will handle the complaint without requiring your attorney; however, an attorney can help you understand your rights. Employment attorneys typically work on contingency in discrimination cases, meaning you pay no upfront fee if you prevail or settle. Contact the Missouri bar association or the National Employment Lawyers Association (NELA) to find a qualified attorney.