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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers. Executive Order 16-04.
Signed on April 11, 2016, this order required all departments of the Missouri executive branch to remove questions relating to an applicant’s criminal background from initial employment applications. Applications for which people with convictions would be automatically ineligible are exempt.
Missouri has no laws or regulations specifically prohibiting arrest or conviction record inquiries by private employers.
State
Contacts
Employer immunity from disclosure claims
Missouri Department of Labor and Industrial Relations
Arrest record inquiries
Missouri Commission on Human Rights
Conviction record inquiries
Missouri Commission on Human Rights
Regulations
Employer immunity from disclosure claims
Missouri Revised Statute 290.140, Letter of dismissal, when—failure to issue, damages—punitive damages, limitations
Missouri Revised Statute 290.152, Employer response to request for information about current or former employee, contents, requirements, civil immunity, when.
Arrest record inquiries
None.
Conviction record inquiries
None.
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.