SimplyHR | Employment & Labor Blog 

2018 was a relatively quiet year in federal employment law developments, but the stage is set for a much more active 2019. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2019.

For Missouri and Illinois employers, a review of 2018 state updates and a look forward at 2019 can be found here.

On June 9, 2018, Kansas City, Missouri’s “ban-the-box” ordinance went into effect. The ordinance is applicable to private employers with six or more employees and is being touted as Ban-the-Box-PLUS, since it not only prohibits the use of questions about criminal background on the job application form but also requires employers to have additional justifiable reasons for using an applicant or employee’s criminal background as the basis for any employment decision.

The EEOC’s April 2012 Enforcement Guidance on employers’ use of criminal record screens has led many employers to question, or at least revisit, their background review procedures. This guidance not only urges employers to conduct “targeted” background screens (which consider the nature of each crime reported by prospective employees, the nature of the job in question, and the time elapsed after each crime reported), but further calls employers to engage in individualized assessments of those individuals screened out because of a background review.