Kansas Employment Screening Overview
Kansas is generally employer-friendly for background screening, with no statewide ban-the-box law for private employers, though state government positions and Wyandotte County have restrictions on criminal history inquiries.
Employers must pay for background checks, cannot require applicants to obtain their own criminal records, and must individually assess convictions for job-relatedness. Federal FCRA requirements and local ordinances may impose additional obligations. E-Verify is voluntary for private employers in Kansas; no statewide mandate exists.
What's Permitted
- Criminal history inquiries generally permitted for private employers statewide
- No statewide ban-the-box law restricting private employer background checks
- Credit checks generally permitted for private employers
- Drug and alcohol testing generally permitted for private employers
What's Prohibited
- Requiring applicants to pay for pre-employment background checks
- Using criminal records unrelated to the position or workplace safety
- Reporting arrests or convictions over seven years old for jobs under $20,000
Ban the Box Laws
Public Employers OnlyStatus Summary
Kansas has no statewide Ban the Box for private employers. Executive Order 18-12 applies to state agencies (no initial inquiry) (https://sos.ks.gov/publications/register/2018/Vol_... Wyandotte County/KCK delays inquiries until post-interview for 6+ employees (http://wycokck-ks.elaws.us). K.S.A. 22-4710 restricts record procurement (https://www.kslegislature.gov/li_2022/b2021_22/sta...
Key Requirements
Federal — Fair Credit Reporting Act (FCRA)
Applies to employer background-check procedures only:
- Written authorization before background checks.
- Provide pre-adverse action notice.
- Provide final adverse action notice.
- Allow dispute of report accuracy.
Source: FCRA guidance (federal) — https://bjs.ojp.gov/content/pub/pdf/cjip-ppe.pdf
Kansas Statute — K.S.A. 22-4710
State limits on applicant-produced records and liability:
- Applicants cannot provide own records.
- Employers may request releases only.
- Employers not liable if reasonably related.
- Violation can be class A misdemeanor.
Source: K.S.A. §22-4710 text — https://kslegislature.gov/li_2022/b2021_22/statute...
Executive Order 18-12
State executive-branch hiring timing restrictions:
- No criminal history on initial applications.
- No automatic disqualification for convictions.
- Exceptions for legally disqualifying positions.
- Background checks permitted later stages.
Source: Executive Order 18-12 (May 2018) — https://sos.ks.gov/publications/register/2018/Vol_...
Local — Wyandotte County Ban the Box Ordinance
Local Ban the Box for covered employers:
- Applies to employers with six+ employees.
- Delay criminal questions until after interview.
- Covers city vendors and contractors.
- Exceptions for legally required exclusions.
Source: Wyandotte County ordinance — http://wycokck-ks.elaws.us
Ban the Box Best Practices for Kansas Employers
- Defer criminal-history questions until after interview where required.
- Do not require applicants to obtain their own criminal records.
- Comply with FCRA: disclose, authorize, provide adverse-action notices.
- Use individualized assessments; avoid blanket exclusions based on convictions.
- Document timing, qualification determinations; train staff on jurisdictional rules.
Salary History Ban
NoKansas — No state salary-history ban
Kansas has no statewide prohibition on asking prior pay: https://www.dol.ks.gov/employers/workplace-laws
- Employers may ask applicants' prior pay.
- K.S.A. 44‑320: employee wage information on request.
- No required salary-range postings in job ads.
- Subject to federal antidiscrimination laws.
- Multi-state employers must follow stricter laws.
Kansas Act Against Discrimination (K.S.A. Chapter 44, Art. 10)
State anti-discrimination law limits pay decisions: https://ksrevisor.gov/statutes/chapters/ch44/044_0...
- Prohibits discrimination in compensation.
- Protected classes: race, sex, disability, etc.
- Enforced by Kansas Human Rights Commission.
- Limited damages; no punitive awards.
- Complaints trigger investigation and hearings.
Kansas City, Missouri — Ordinance No. 190380
Federal — Equal Pay Act, Title VII, NLRA, FCRA
Federal laws constrain use of salary history in hiring: https://www.dol.ks.gov/employers/workplace-laws
- Equal Pay Act prohibits sex-based wage disparity.
- Title VII forbids other protected-characteristic bias.
- NLRA protects employees' wage discussions.
- FCRA governs background-check reporting procedures.
Salary History Best Practices for Kansas Employers
- Kansas has no statewide salary-history ban.
- Comply with federal Equal Pay and antidiscrimination laws.
- Follow local ordinances (e.g., Kansas City, Missouri) where applicable.
- Adopt uniform policies aligned with most restrictive jurisdiction.
- Document pay decisions and train hiring managers on compliance.
Consumer Credit Checks
NoKansas allows employment credit checks but not a blanket ban; K.S.A. Ch. 50 imposes salary‑based reporting limits (e.g., 7‑year rules); employers must pay checks; EO 18‑12 limits state agency timing; FCRA applies. https://ksrevisor.gov/statutes/ksa_ch50.html https://www.consumerfinance.gov/rules-policy/final... https://www.lawrenceks.gov/hr/fcra/
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal law governing consumer employment reports:
- Requires written authorization before obtaining reports
- Separate standalone disclosure before requesting reports
- Adverse-action notice with agency contact required
- Seven-year limit for certain adverse records
Source: CFPB — FCRA permissible purposes (https://www.consumerfinance.gov/rules-policy/final...
K.S.A. Chapter 50, Article 7
Kansas statutory rules for consumer reports:
- Defines permissible employment purposes
- Salary-based limits: positions <$20,000
- Bankruptcies excluded after 14 years
- 7-year limits for suits/judgments/collections
Source: Kansas Statutes §50-704 (https://ksrevisor.gov/statutes/chapters/ch50/050_0... · Kansas legislative article (https://kslegislature.gov/li/b2025_26/statute/050_...
K.S.A. §22-4710
Employer-payment and related provisions:
- Employers must pay background check fees
- Applicants cannot be charged fees
- Employers granted immunity for certain decisions
- No clear statutory individualized-assessment mandate
Source: Lawrence HR (FCRA/Kansas overview) (https://www.lawrenceks.gov/hr/fcra/) · Kansas statute resources (https://ksrevisor.gov/statutes/ksa_ch50.html)
Executive Order 18-12
State executive-branch hiring restrictions:
- Ban criminal-history questions on initial applications
- No criminal inquiries during initial interviews
- Criminal checks allowed after conditional offer
- Exceptions for law‑enforcement positions
Source: Executive Order 18‑12 reporting in research (https://www.lawrenceks.gov/hr/fcra/)
Wyandotte County / Kansas City, KS Ordinance
Local ban-the-box ordinance summary:
- Prohibits criminal-history inquiries before interview
- Applies to employers with six-plus employees
- Focuses on criminal history, not credit checks
Source: Local ordinance references in research (https://kslegislature.gov/li/b2025_26/committees/c...
Credit Check Best Practices for Kansas Employers
- Provide standalone disclosure and obtain written authorization first.
- Follow FCRA adverse-action notice procedures when action based on report.
- Employers must pay for pre-employment background checks.
- Respect Kansas salary-based limits; < $20K restricts older records.
- Document job-related business necessity and apply checks consistently.
Marijuana Protection
Medicinal Marijuana
Kansas provides no employment-specific protections for marijuana use in the cited laws. State safety-sensitive roles require drug screening under K.S.A. 75-4362 and K.A.R. 1-6-32.
Recreational Marijuana
Kansas law cited provides no employment protections for recreational marijuana. Private employers generally may set drug-testing policies; post-injury testing may affect workers’ compensation under K.S.A. 44-501.
Drug Testing Regulations
Kansas mandates drug testing for designated state safety‑sensitive jobs (K.S.A.75‑4362, https://ksrevisor.gov/statutes/chapters/ch75/075_043_0062.html; K.A.R.1‑6‑32, https://www.law.cornell.edu/regulations/kansas/K-A-R-1-6-32), allows private‑employer discretion, and applies K.S.A.44‑501.
Permitted Testing Types
Pre-Employment
Allowed for state safety-sensitive positions; private employers generally permitted.
Random Testing
Not specifically authorized for state program; private employers generally permitted.
Reasonable Suspicion
Allowed for state safety-sensitive positions with documented supervisor corroboration.
Post Accident
Allowed; post-injury tests permitted subject to K.S.A. 44-501 standards.
Workers' Compensation Discount
Under K.S.A. 44-501, qualifying post-injury drug/alcohol results create a conclusive presumption permitting denial or reduction of benefits.
Refusal to test or failure to follow K.S.A. 44-501 testing and chain-of-custody rules can forfeit benefits; split-sample retest available.
Best Practices
- Follow K.S.A.75-4362 and K.A.R.1-6-32 for state safety-sensitive roles
- Require testing only after conditional offer for designated positions
- Maintain chain-of-custody, retain split samples, use HHS-approved labs
- Document reasonable suspicion; obtain second supervisor confirmation
- Comply with federal rules, local ordinances; protect confidentiality consistently
Clean Slate Laws
NoKansas has no automatic clean-slate law. Petition-based expungement is available under KSA 21-6614 for eligible misdemeanors and class D/E felonies after waiting periods (3-5 years). HB2028 (automatic expungement for acquittals/dismissals) was introduced in 2023 but died in committee (stricken from calendar February 23, 2023). KSA 22-4710 provides for expungement of arrest records not leading to conviction.
https://ksrevisor.gov/statutes/chapters/ch21/021_0...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [HB 2434 (2021–2022) — bill did not become law]
Kansas does not have a statewide E‑Verify mandate for private employers; HB 2434 was not enacted (died in committee). https://www.kslegislature.gov/li_2022/b2021_22/mea...
Federal Contractors [Federal Acquisition Regulation (FAR) E‑Verify clause; 8 U.S.C. §1324a]
Federal contractors bound by a contract clause requiring E‑Verify must use E‑Verify per federal contracting rules. https://www.congress.gov/bill/118th-congress/senat...
Any other relevant groups [Agency‑specific orders / federal law]
No statewide statutory mandate; agency‑level executive orders or federal requirements may apply—confirm with the specific state agency or federal contracting authority. https://ksrevisor.gov/statutes/ksa_ch44.html
Background Check Regulations
Federal FCRA requirements govern employment consumer reports, and Kansas imposes additional state limits—such as a seven‑year reporting restriction for certain low‑pay positions and limited public‑sector “ban‑the‑box” rules—so employers must follow both federal and Kansas law.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days