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Missouri Background Check Laws

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Missouri Employment Screening Laws

Employee Background Checks and Drug Screening Trends White Paper

Employers that are either located in Missouri or hiring Missouri residents must abide by the Federal FCRA, and applicable Missouri state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Missouri state laws. This page also contains steps an end-user must take to stay in compliance with Missouri state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Missouri state laws, please consult your legal counsel.

Employment Background Check Laws In Missouri:

This state follows the regulations and standards for hiring policies as set forth by the Fair Credit Reporting Act. There are no additional state or local employment screening laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Missouri Ban the Box Laws

Per Executive Order on April 11th, 2016, public employers may not have questions regarding criminal history on their employment applications or in the initial stage of employment application process. Inquiries into criminal history may only be conducted later in the hiring process.

Columbia's Ban the Box Laws

Employers may not inquire into an applicant’s criminal history during the initial stage of the employment process. Questions regarding criminal history may not be on the employment application form. Inquiries into criminal history can only be made after the candidate has received a conditional offer of employment.


Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Fees:

County: Court Fee: County: Court Fee: County: Court Fee:
Adair $0.00 Andrew $0.00 Atchison $0.00
Audrain $0.00 Barry $0.00 Barton $0.00
Bates $0.00 Benton $0.00 Bollinger $0.00
Boone $0.00 Buchanan $0.00 Butler $0.00
Caldwell $0.00 Callaway $0.00 Camden $0.00
Cape Girardeau $0.00 Carroll $0.00 Carter $0.00
Cass $0.00 Cedar $0.00 Chariton $0.00
Christian $0.00 Clark $0.00 Clay $0.00
Clinton $0.00 Cole $0.00 Cooper $0.00
Crawford $0.00 Dade $0.00 Dallas $0.00
Daviess $0.00 Dekalb $0.00 Dent $0.00
Douglas $0.00 Dunklin $0.00 Franklin $0.00
Gasconade $0.00 Gentry $0.00 Greene $0.00
Grundy $0.00 Harrison $0.00 Henry $0.00
Hickory $0.00 Holt $0.00 Howard $0.00
Howell $0.00 Iron $0.00 Jackson $0.00
Jasper $0.00 Jefferson $0.00 Johnson $0.00
Knox $0.00 Laclede $0.00 Lafayette $0.00
Lawrence $0.00 Lewis $0.00 Lincoln $0.00
Linn $0.00 Livingston $0.00 Macon $0.00
Madison $0.00 Maries $0.00 Marion $0.00
Mcdonald $0.00 Mercer $0.00 Miller $0.00
Mississippi $0.00 Moniteau $0.00 Monroe $0.00
Montgomery $0.00 Morgan $0.00 New Madrid $0.00
Newton $0.00 Nodaway $0.00 Oregon $0.00
Osage $0.00 Ozark $0.00 Pemiscot $0.00
Perry $0.00 Pettis $0.00 Phelps $0.00
Pike $0.00 Platte $0.00 Polk $0.00
Pulaski $0.00 Putnam $0.00 Ralls $0.00
Randolph $0.00 Ray $0.00 Reynolds $0.00
Ripley $0.00 Saint Charles $0.00 Saint Clair $0.00
Saint Francois $0.00 Saint Louis $0.00 Saint Louis City $0.00
Sainte Genevieve $0.00 Saline $0.00 Schuyler $0.00
Scotland $0.00 Scott $0.00 Shannon $0.00
Shelby $0.00 Stoddard $0.00 Stone $0.00
Sullivan $0.00 Taney $0.00 Texas $0.00
Vernon $0.00 Warren $0.00 Washington $0.00
Wayne $0.00 Webster $0.00 Worth $0.00
Wright $0.00

Summary of Rights:

Missouri Consumers Have the Right to Obtain a Security Freeze

You have a right to place a "security freeze" on your credit report, which will prohibit a consumer credit reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by mail or via other approved methods. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transaction, or other services, including an extension of credit at point of sale. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place. To provide that
authorization you must contact the consumer credit reporting agency and provide all of the following:

  1. The personal identification number or password;
  2. Proper identification to verify your identity;
  3. The proper information regarding the period of time for which the report shall be available.
  4. A consumer credit reporting agency must authorize the release of your credit report no later than fifteen minutes after receiving the above information, under certain circumstances.

A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing Or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

You have a right to bring civil action against anyone, including a consumer credit reporting agency, which improperly obtains access to a file, knowingly misuses file data, or fails to correct inaccurate file data."

Court Cases:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Hoeflicker v. CPC Logistics

Plaintiff claims that CPC Logistics failed to notify them when deciding not to hire based on the results of a background screening.

Certified Class Action. Hoeflicker was lead plaintiff in this class action lawsuit.

Employers must ensure that they follow proper adverse action procedures when making a negative hiring decision.

Colton v. Hibbet Sporting Goods

Plaintiff alleges Hibbet Sporting Goods did not follow proper adverse action procedures. On his first day of work, he was terminated due to inaccuracies on a background screening report, and he was offered no time to correct those inaccuracies.

Moved to arbitration, Colton signed a binding arbitration agreement.

Employers must ensure they follow strict procedures complying with the FCRA’s requirements for disclosure and authorization as well as adverse action.

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