Amendment To An Act Related To Expungement
House Bill 47 allowed for certain convictions to be expunged. An amendment to that bill states certain felony offenses are not eligible and clarifies which Commonwealth Attorney should be notified of petitions for expungement.
Employers in Kentucky should be aware that once convictions are expunged, they cannot be considered for hiring or other business purposes.
An Act Relating To Employment
Kentucky Senate Bill 7 (SB7) establishes rights for employers when they are brining on new employees. Among them is the right for employers to run pre-employment background checks.
SB7 states: “Any employer may require, as a condition or precondition of employment, an employee or person seeking employment to agree for the employer to obtain a background check or similar type of personal report on the employee or person seeking employment in conformance with a state or federal law that requires the consent of the individual prior to an employer's receipt or use of such a report.”
Employers May Run Background Checks And Utilize Arbitration
Kentucky Senate Bill 7 (SB7) states that employers may request background checks as a condition or pre-condition of employment. It also provides that an employer may require a candidate to execute an agreement for “arbitration, mediation, or other form of alternative dispute resolution as a condition or precondition of employment.”
Effective February 2017
Ban The Box
In February 2017, Kentucky passed a Ban The Box law called the Fair Chance Employment Initiative. It requires the removal of "questions regarding convictions and criminal history" from Executive Branch and state-level job applications. Agencies may not ask if an applicant has a criminal history until the person has been offered an interview, unless the position they are applying for requires them to do so.
While this law only affects state employers, Governor Matt Bevin (who issued the order) commented that he hopes private employers will do the same.
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