February 3, 2025

The Kansas City Council passed an ordinance addressing unlawful discrimination toward those with criminal records. Specifically, it targeted discrimination in employment, housing, and business-related decisions. This new measure now makes those with criminal backgrounds a protected class within the city.

Council member Melissa Robinson sponsored this measure, Ordinance No. 241074. The ordinance’s full title is “Amending various sections of Chapter 2, Code of Ordinances, Administration, and Chapter 38, Code of Ordinance, Civil Rights, to include persons with criminal histories in the classes of persons who may be aggrieved by alleged discrimination or unlawful practices under the City’s Code of Ordinances, in order to combat the long-term impacts of incarceration.”

The bill passed the Kansas City Council in a 9-3 vote. However, dissenters argued that the measure was too vague and could have unintended consequences for small businesses. The ordinance follows up on the city’s “ban-the-box” initiative that passed in 2018. This former legislation prohibits employers and landlords from inquiring about an applicant’s criminal history. However, this “ban-the-box” ordinance did not prevent employers or landlords from researching an individual’s history and discovering it independently.

This lack of direct employment or housing protections for those with criminal records led the council to draft this new rule. A similar rule in Atlanta strongly inspired the lawmakers’ draft for Ordinance 241074 to include those with criminal records as a protected class. As such, Kansas City is the second municipality in the country to have such legislation.

This new ordinance represents a significant shift requiring major changes for Kansas City employers or landlords. Employers in Kansas City will find it necessary to focus more on an applicant’s overall skills, experience, and ability. They should refrain from eliminating applicants with criminal records to avoid accusations of discrimination.

Due to the ordinance, employers may need to review and update their applications and hiring processes. Such actions will ensure they do not deny employment solely due to an applicant’s criminal record. The ordinance also bans landlords from denying housing based only on an applicant’s criminal record. Additionally, businesses that provide goods and services must serve everyone equally, regardless of whether the customers or clients have a criminal record.

Employers need to comply with this new ordinance and all other laws and regulations concerning the hiring process. The best way to ensure compliance with all background screening regulations is to partner with an experienced background check company.

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