Kentucky Background Checks laws & HR compliance analysis

Kentucky 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.
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Kentucky will furnish potential employers with an applicant's record of convictions, guilty pleas and Alford pleas involving felony offenses, and certain other enumerated offenses that are not felonies. Records other than those related to a felony will be provided only for the five-year period immediately prior to the request for the records.
Ban the box for public employers. An Executive Order requires state agencies to remove questions on criminal history from employment applications (Ky. Exec. Order 2017­064).
Louisville ban the box. The City of Louisville has a ban-the-box law for city workers and vendors.
Kentucky statutes require background checks for multiple professions as a condition of employment or licensure. They provide specific notice requirements depending on ...

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