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State LawsKentucky

Kentucky Background Checks

A guide to Kentucky background checks

What are What are Kentucky background check and ban-the-box laws? background check and ban-the-box laws?

We update this overview of Kentucky background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

  • FCRA
  • District Laws
  • Ban-The-Box

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Fair Credit Reporting Act (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.


State Laws

KRS Chapter 367.00 §310 – Consumer reporting agency records restriction

Our Take: In Kentucky, CRAs can only retain files on a criminal charge if the charge resulted in a conviction.

KRS 336.220

Our Take: An employer cannot require an employee to pay the cost of a medical exam OR the cost of furnishing any records

Ban-The-Box & Fair Hiring Laws

STATE LAWS — PUBLIC COMPANIES

Who Must Follow: This ban-the-box law applies only if you are a public sector employer in the executive branch for the State of Kentucky.

Timing of inquiry: Public sector, executive branch employers may only inquire into criminal history after contacting the applicant to offer an interview for the position.


LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES

See which Kentucky counties and cities have local ban-the-box and fair hiring laws.