Missouri Employment Screening Overview
Missouri has no statewide ban-the-box law for private employers, but Kansas City, St. Louis, and Columbia have local ordinances restricting criminal history inquiries during hiring. Missouri has no statewide salary history ban; only Kansas City and St. Louis have local ordinances restricting salary history inquiries. Medical marijuana cardholders have employment protections for off-duty use under Article XIV (Amendment 3, 2022).
Federal requirements and local ordinances still apply.
What's Permitted
- Private employers generally permitted to conduct criminal background checks statewide
- Credit checks allowed for employment with proper FCRA consent and procedures
- Drug testing permitted for private employers without state-mandated restrictions
- E-Verify required for public employers and state contractors over $5,000
What's Prohibited
- Asking about criminal history before determining applicant is otherwise qualified (Kansas City, St. Louis, Columbia employers)
- Inquiring about salary history during hiring process (Kansas City and St. Louis local ordinances only; no statewide ban)
- Failing to enroll in E-Verify for public employers or state contracts over $5,000
- Discriminating against medical marijuana cardholders for off-duty lawful use, generally
Ban the Box Laws
Public Employers OnlyStatus Summary
Missouri has no statewide private-sector ban-the-box law. State executive-branch jobs follow Executive Order 16-04 (https://www.senate.mo.gov/16web/sen-jamilah-nashee... Local ordinances: Kansas City (6+) ( St. Louis (10+) (https://www.stlouis-mo.gov/government/departments/... Columbia (all employers) (https://www.como.gov/city-managers-office/human-ri...
Key Requirements
Executive Order 16-04
State executive-branch fair-chance hiring policy: https://www.senate.mo.gov/sen-jamilah-nasheeds-leg...
- Removes criminal-history questions from initial applications
- Applies to state executive-branch agencies only
- Background checks after interview or conditional offer
- Employers may consider convictions post-offer
- Does not cover private employers
Senate Bill 724 (proposed)
Proposed statewide public-employer ban-the-box framework: https://www.senate.mo.gov/16info/bills/SB724.htm
- Prohibits inquiries before conditional offer
- Felonies considered within ten-year limit
- Misdemeanors considered within five-year limit
- Exempts law enforcement and corrections positions
- Not enacted into law
St. Louis Ordinance 71074
Local ban-the-box for St. Louis private employers: https://www.stlouis-mo.gov/government/departments/...
- Applies to employers with ten-plus employees
- No criminal-history inquiries before interview
- Cannot base hiring solely on records
- Must assess frequency, recency, severity
- Enforcement via Civil Rights Enforcement Agency
City of Columbia Ordinance (Chapter 12, Article V)
Columbia's fair-chance hiring ordinance information: https://www.como.gov/city-managers-office/human-ri...
- Applies to all employers within Columbia
- Prohibits questions before conditional offer
- Conditional offer contingent on background check
- Violations may be misdemeanor penalties
- Complaints filed with Human Rights Commission
RSMo §192.2495 (Healthcare)
Missouri statutory background-check requirement for healthcare: https://revisor.mo.gov/main/OneSection.aspx?sectio...
- Requires background checks for healthcare workers
- Applicants must disclose criminal history
- False nondisclosure is class A misdemeanor
- Employers guilty if knowingly hire prohibited
- Statutory requirements override ban-the-box exceptions
Ban the Box Best Practices for Missouri Employers
- Delay criminal-history questions until after interview or conditional offer.
- Apply strictest applicable local standard across all Missouri locations.
- Use individualized assessment considering nature, severity, and recency.
- Comply with statutory exceptions for healthcare and sensitive roles.
- Avoid exclusionary job ads or application criminal-history questions.
Salary History Ban
Local Ordinances OnlyMissouri — No Statewide Salary History Ban
SB 934 did not become law; therefore no statewide ban:
- No statewide salary history ban
- SB 934 introduced, failed passage
- Employers not bound statewide
- Check local ordinances for rules
Source: https://www.senate.mo.gov/22info/bts_web/Bill.aspx...
St. Louis — Ordinance 71095
Applies to city departments and agencies only:
- Applies only to city public employers
- Prohibits asking salary history
- Prohibits retaliation for non-disclosure
- Private employers not covered
- Effective March 11, 2020
Source: https://www.stlouis-mo.gov/government/city-laws/or...
Salary History Best Practices for Missouri Employers
- Confirm applicable local ordinances before requesting salary information
- Never ask applicants about prior salary or compensation history
- Ask about salary expectations and desired compensation only
- Remove salary-history fields from applications and applicant tracking systems
- Train staff and document market-based, objective pay determinations
Consumer Credit Checks
NoMissouri: no statewide ban on employment credit checks; RSMo 407.1380 addresses reporting/security freezes; RSMo 288.398 limits wage-data use; SB209/SB607 not enacted; local ban‑the‑box in St. Louis, Kansas City, Columbia. https://revisor.mo.gov/main/OneSection.aspx?sectio... https://revisor.mo.gov/main/OneSection.aspx?sectio... https://www.senate.mo.gov/20info/pdf-bill/intro/SB...
Key Requirements
Federal: Fair Credit Reporting Act (FCRA)
Baseline federal consumer‑reporting requirements for employment:
- Written consent before third‑party reports
- Pre‑adverse‑action notice and copy
- Final adverse‑action notice required
- Seven‑year limits for certain items
- Convictions reportable regardless of age
Source: Missouri Dept. of Labor summary on FCRA (https://labor.mo.gov/media/22326/download)
Missouri: Missouri Fair Credit Reporting Act (MFCRA, RSMo 407.1350–407.1386)
State statute focusing on agency definitions and freezes:
- Defines "consumer credit reporting agency"
- Specifies security freeze procedures
- State statute complements federal FCRA
- Employers remain subject to FCRA consent
Source: RSMo §407.1380 (https://revisor.mo.gov/main/OneSection.aspx?sectio...
Missouri: RSMo 288.398 — Wage information access
Limits on accessing wage and employment history:
- Written consent required for wage access
- Use limited to verification and underwriting
- Division sets vendor security standards
- Violations create FCRA‑equivalent liability
Source: RSMo §288.398 (https://revisor.mo.gov/main/OneSection.aspx?sectio...
Proposed: SB 209 / SB 607 (not enacted)
Legislative attempts to restrict credit checks, failed:
- Sought to ban credit‑score use
- Exception for fiduciary positions proposed
- Bills did not become law
Sources: SB607 text (https://www.senate.mo.gov/20info/pdf-bill/intro/SB... Fiscal note (https://senate.mo.gov/FiscalNotes/2019-1/0947-02N....
Local: St. Louis — Ordinance 71074
City ban‑the‑box and individualized assessment:
- No criminal inquiry on initial applications
- Applies to employers with ten‑plus employees
- Individualized assessment before adverse decisions
- Exempts legally required background checks
Source: Missouri Dept. of Labor summary (https://labor.mo.gov/media/22326/download)
Local: Kansas City — Ordinance 160282 and protections
Local: Columbia — City Code §12‑90
Ban‑the‑box until conditional offer:
- No criminal inquiry before conditional offer
- Applies to all employers within city limits
- Conditional‑offer timing stricter than KC
Source: Missouri Dept. of Labor summary (https://labor.mo.gov/media/22326/download)
Missouri: Mandatory criminal checks (healthcare, education)
Statutory background checks for sensitive sectors:
- Required for healthcare and childcare hires
- Employers must request state or fingerprint checks
- Disqualification lists bar employment
- Employers immune when complying
Source: RSMo §192.2490 (https://revisor.mo.gov/main/OneSection.aspx?sectio...
Missouri: RSMo 285.530 — E‑Verify
E‑Verify enrollment for certain employers:
- State contractors must enroll in E‑Verify
- Affidavit confirming enrollment required
- Applies to contracts worth $5,000+
Source: Missouri Dept. of Labor — employer resources (https://labor.mo.gov/employers)
Credit Check Best Practices for Missouri Employers
- Obtain written consent under FCRA and MFCRA before reports.
- Follow FCRA pre-adverse and adverse-action notice procedures.
- Adhere to St. Louis, Kansas City, and Columbia ordinances.
- Use individualized assessments for criminal-history-based decisions.
- Follow RSMo 288.398 when accessing wage or employment history.
Marijuana Protection
Medicinal Marijuana
Employers cannot discriminate against qualifying medical‑marijuana cardholders or rely solely on positive tests for off‑duty lawful use, unless on‑premises/at‑work impairment, safety‑sensitive position, or federal law/contractual obligations apply.
Recreational Marijuana
No statutory employment protections for recreational users; employers may discipline or terminate employees for working while under the influence, subject to federal safety‑sensitive rules and other legal limits.
Drug Testing Regulations
Missouri lacks a general private‑employer drug‑testing statute; testing consequences are governed by RSMo §§288.045 (unemployment) and 287.120 (workers’ compensation); Article XIV protects medical‑marijuana patients; Kansas City and St. Louis restrict some public‑employee marijuana testing.
Permitted Testing Types
Pre-Employment
Permitted generally; medical-marijuana and local/federal exceptions apply.
Random Testing
Permitted generally; subject to medical-marijuana, ADA, federal and local limits.
Reasonable Suspicion
Allowed; must follow employer policy, DOT protocols, and legal exceptions.
Post Accident
Permitted; workers' comp rules require timely testing, confirmation, and procedures.
Workers' Compensation Discount
Workers' compensation benefits are reduced 50% if an employee violates a drug-free policy and substance use was involved.
If substance use was the proximate cause, benefits are forfeited; refusal to test can also forfeit benefits.
Best Practices
- Provide written drug policy and 60‑day notice before implementation
- Use HHS‑certified labs and DOT Part 40 chain‑of‑custody
- Allow split‑specimen confirmation testing; employee pays only if confirmed
- Honor medical‑marijuana protections; except safety‑sensitive or on‑duty
- Comply with municipal ordinances and federal safety‑sensitive rules
Clean Slate Laws
NoMissouri has no statewide clean‑slate law; expungement is petition‑based (RSMo §610.140 Fresh Start limits licensing denials (RSMo §324.012 https://revisor.mo.gov/main/OneSection.aspx?sectio... SB19 is pending (https://www.senate.mo.gov/25info/pdf-bill/intro/SB...
E-Verify Requirements
Mandatory for Public ContractorsWho Must Use E-Verify
Private Employers [RSMo 285.525–285.550]
Not required by Missouri statute unless receiving state funding/contracts; voluntary E-Verify gives a rebuttable-presumption defense if properly used and documented.
https://revisor.mo.gov/main/OneChapterRng.aspx?tb1... https://ago.mo.gov/get-help/programs-services-from...
Federal Contractors [8 U.S.C. 1324a; federal E‑Verify requirements]
Federal contractors must follow applicable federal E-Verify/procurement requirements; federal law/policy may mandate E-Verify for federal contractors.
https://purch.oa.mo.gov/vendor-information/e-verif... https://www.congress.gov/bill/119th-congress/senat...
Any other relevant groups [RSMo 285.525–285.550]
Public employers; state contractors/grant recipients >$5,000; recipients of state tax credits/abatements/loans must enroll, submit notarized affidavits, and provide enrollment documentation before award.
https://revisor.mo.gov/main/OneSection.aspx?sectio... https://revisor.mo.gov/main/OneSection.aspx?sectio... https://ded.mo.gov/sites/g/files/zuston466/files/m...
Background Check Regulations
Federal laws (FCRA, Title VII) govern employment background checks in Missouri; state law adds limited constraints—mainly licensing-board standards and local “ban‑the‑box” ordinances—so employers must comply with federal rules and any applicable state or local limits.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days