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“Ban the Box” Update: St. Louis Enacts Ordinance; California and Hawaii Expand Existing Laws


Under the St. Louis ban the box Ordinance (the “Ordinance”), which takes effect January 1, 2021, employers in St. Louis with 10 or more employees may not:

  1. Base a decision to hire or promote on 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;”

  2. Inquire about a job applicant’s criminal history until after the employer has determined that the applicant is otherwise qualified for the job position, and interviewed the applicant, “except that such an inquiry may be made of all job applicants who are in the final selection pool from which the position will be filled;”

  3. Publish job advertisements, including electronically, that exclude applicants on the basis of criminal history;

  4. Include statements on job applications and other hiring forms, including electronic documents, that exclude applicants on the basis of criminal history;

  5. Inquire into, or require applicants to disclose their criminal history on initial job applications and other hiring forms, including electronic documents; and

  6. “Seek to obtain publicly available information” concerning job applicants’ criminal history. FULL ARTICLE