Kansas Background Checks laws & HR compliance analysis

Kansas Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Kansas, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information.
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The Kansas FCRA allows employers to use private investigative agencies to perform background investigations on individuals for employment purposes (KS Stat. Sec. 50-705). In general, the law is very similar to the FCRA. However, under Kansas law, a consumer report or investigative consumer report may not include information on bankruptcies that are more than 14 years old or information on suits, judgments, paid tax liens, accounts placed for collection, or criminal records that are more than 7 years old, unless the applicant or employee is expected to receive a salary that would reasonably exceed $20,000 per year (KS Stat. Sec. 50-704).
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