Kentucky Employment Screening Overview
Kentucky is generally employer-friendly for background screening, with no statewide ban-the-box law for private employers, no salary history ban, and no broad restrictions on employment credit checks.
However, public employers must conduct individualized assessments of criminal history, Louisville Metro has a local ban-the-box ordinance, and employers using certified drug-free workplace programs must follow specific testing protocols—federal requirements and local ordinances may still apply.
What's Permitted
- Private employers may generally conduct credit checks without state restrictions
- Drug testing permitted following SAMHSA protocols with MRO review required
- Employers may test for and take action on marijuana use, including medical cannabis
- E-Verify voluntary for all employers statewide
What's Prohibited
- Requiring applicants to pay for background check costs
- Reporting arrests not resulting in conviction (consumer reporting agencies)
- Disqualifying public employees solely for prior convictions unrelated to the position
- Asking about criminal history on initial applications (executive branch, Louisville Metro only)
Ban the Box Laws
Public Employers OnlyStatus Summary
Kentucky has no statewide ban-the-box for private employers. A 2017 executive order defers conviction questions for executive-branch jobs. Public employers must follow KRS 335B factors (https://apps.legislature.ky.gov/law/statutes/chapt... Louisville Metro bans initial inquiries for city/vendors. HB128 (2025) failed (https://apps.legislature.ky.gov/record/25rs/hb128....
Key Requirements
Fair Chance Employment Initiative (KY executive order, 2017)
State executive-branch hiring policy: https://apps.legislature.ky.gov/CommitteeDocuments...
- No conviction question on initial applications
- Background checks allowed after interview
- Exceptions when law requires checks
- Applies to executive branch agencies
KRS 335B — Public employment and licensing
Statutory individualized assessment requirements: https://apps.legislature.ky.gov/law/statutes/chapt...
- Cannot disqualify solely for convictions
- Disqualify only if crime directly relates
- Must assess nature, seriousness, time
- Written denial and hearing rights
- Licensing boards follow same rules
Louisville Metro Ordinance 46-2014 (Ban the Box)
Local ban-the-box for city and vendors: https://apps.legislature.ky.gov/recorddocuments/bi...
- City and vendors can't ask initially
- Consider crime, rehabilitation, time elapsed
- Many public-safety positions are excluded
- Violations subject to misdemeanor penalties
Ban the Box Best Practices for Kentucky Employers
- Remove conviction questions from initial applications when possible.
- Conduct background checks only after interview or conditional offer.
- Follow KRS 335B individualized assessment and written denial procedures.
- Comply with Louisville ordinance for city and vendor hiring.
- Document job-related safety rationale and FCRA compliance steps.
Salary History Ban
NoKentucky -- No Statewide Salary History Ban
As of March 2026, Kentucky has no enacted statewide salary-history ban for private employers. Employers may ask about and consider applicants' prior compensation. Federal Equal Pay Act and Title VII anti-discrimination requirements still apply. HB 289 (2025 session) proposed a statewide ban but was referred to committee on 02/07/2025 and did not advance.
Sources: https://apps.legislature.ky.gov/record/25rs/hb289.... https://elc.ky.gov/workplace-standards/Pages/defau...
Louisville Metro Ordinance (§35.012)
Local ban covering Louisville Metro government agencies only:
- Applies to Louisville Metro government agencies
- Prohibits asking applicants' salary histories
- Does not cover private employers
- City contractors must comply when applicable
- Effective May 2018
Sources: https://elc.ky.gov/workplace-standards/Pages/defau...
Salary History Best Practices for Kentucky Employers
- Remove salary-history questions from applications and interviews
- Train recruiters to avoid soliciting prior compensation information
- Base offers on qualifications, market rates, and pay equity
- Ensure compliance with Louisville Metro ordinance for government hiring
- Instruct background vendors to exclude or flag salary history
Consumer Credit Checks
NoNo statewide ban; employers must follow FCRA (written stand‑alone consent, adverse‑action, 7‑year/$75K) and Kentucky limits: KRS 367.310 prohibits reporting non‑convictions; KRS 336.220 does not explicitly mention background‑check fees; mortgage processors (808 KAR 12:055).
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal consumer-reporting rules for employers:
- Stand-alone written disclosure required
- Written consent before pulling reports
- Pre-adverse and adverse action notices
- Seven-year limits for most positions
- No seven-year limit for $75k+ roles
Source: https://www.ftc.gov/legal-library/browse/statutes/...
Title VII (Civil Rights Act)
Federal anti-discrimination limits on credit use:
- Decisions must be job-related
- Require business necessity justification
- Avoid disparate-impact policies
- Use individualized assessments when necessary
Source: https://www.eeoc.gov/statutes/title-vii-civil-righ...
KRS 367.310 (KY consumer-reporting restriction)
Kentucky limits on reporting criminal charges:
- Prohibits non‑conviction charge reporting
- Applies to Kentucky court records
- Screening reports must omit arrests
- Employers should rely on convictions
Source: https://www.kycourts.gov/AOC/Information-and-Techn...
KRS 336.220 (Employer payment obligations)
Employer payment rules for required records/exams:
- Employers cannot require pay for exams
- Statute references "records" furnishing costs
- Application to background-check fees interpreted
- Interpretation is not explicit statutory language
Source: https://apps.legislature.ky.gov
KRS 286.8-255 / 808 KAR 12:055
Mortgage loan processor screening requirements:
- Pre-hire background checks required
- Review judgments, liens, bankruptcies, foreclosures
- Five-year lookback for many financial items
- Must comply with FCRA procedures
Source: https://apps.legislature.ky.gov/law/kar/titles/808...
922 KAR 2:280 (Childcare regulation)
Childcare criminal-history and fee requirements:
- Fingerprint-based state and FBI checks
- Providers must pay background-check fees
- Regulation does not authorize credit checks
Source: https://apps.legislature.ky.gov/law/kar/titles/922...
KRS 335B.020 (Public employment)
Public‑sector conviction consideration rules:
- Cannot disqualify solely on conviction
- Conviction must directly relate to position
- Consider time elapsed and rehabilitation
- Statute does not mandate agency-attorney inclusion
Source: https://apps.legislature.ky.gov
Louisville Metro Ban-the-Box Ordinance
Local rule delaying criminal-history inquiries:
- No criminal questions on initial applications
- Criminal checks deferred until finalists identified
- Must consider crime-job relationship and rehabilitation
Source: Louisville Metro government (Louisville Metro Code Chapter 112)
Credit Check Best Practices for Kentucky Employers
- Obtain stand-alone written consent before requesting credit reports
- Follow FCRA pre-adverse and adverse action procedures
- Limit credit checks to job-related, necessity-based roles
- Do not rely on arrest records lacking convictions
- Avoid charging applicants for background checks; statute interpretation varies
Marijuana Protection
Medicinal Marijuana
Effective Jan. 1, 2025, Kentucky medical cannabis law does not require accommodation. Employers may maintain drug-free/zero-tolerance policies, test, and discipline cardholders; impairment may be determined via behavioral assessment plus testing (KRS 218B.040).
Recreational Marijuana
Recreational marijuana remains illegal in Kentucky; no employment protections apply. Employers may prohibit use and take action for positive tests under workplace policy, including certified programs under (803 KAR 25:280).
Drug Testing Regulations
Kentucky: private employers may voluntarily certify under 803 KAR 25:280 (SAMHSA‑certified labs, MRO review) for WC premium discounts; KRS 342.610(4) creates a rebuttable intoxication presumption; miners face mandatory testing (KRS 351.182); KRS 218B.040 preserves employer testing rights.
Permitted Testing Types
Pre-Employment
Allowed only after a conditional employment offer (certified program participants).
Random Testing
Permitted for certified employers using statistically valid random selection methods.
Reasonable Suspicion
Allowed when objectively supported by defined reasonable-suspicion criteria and observation.
Post Accident
Allowed after accidents requiring off-site medical attention; blood tests accepted.
Workers' Compensation Discount
Certified drug‑free workplaces under 803 KAR 25:280 qualify for a five percent workers' compensation premium discount.
Certification requires SAMHSA‑certified labs, MRO review, eleven‑panel testing; participation is voluntary for most private employers.
Best Practices
- Use SAMHSA‑certified labs and Medical Review Officer (MRO) review.
- Test applicants only after conditional job offer.
- Follow 803 KAR 25:280 procedures for certified programs.
- Provide 60–90 days notice before implementing testing policies.
- Enforce drug‑free policies; assess medicinal cannabis impairment behaviorally.
Clean Slate Laws
NoKentucky lacks a statewide automatic clean‑slate; expungement is petition‑based (acquittals/dismissals auto‑expunge after 30 days). CRAs may not report non‑convictions (KRS 367.310). HB128 died in committee.
https://kycourts.gov/AOC/Information-and-Technolog...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [Kentucky Revised Statutes; HB 673 (introduced, did not become law)]
Kentucky does not require private employers to use E-Verify; HB 673 was introduced but did not become law (last recorded action: committee referral). https://apps.legislature.ky.gov/record/25rs/hb673.... https://apps.legislature.ky.gov/law/statutes/chapt...
Federal Contractors [Federal E-Verify requirements / DHS/USCIS rules]
Federal contractors meeting statutory thresholds must use E-Verify per federal law and DHS/USCIS program rules. https://usciss.us/i-9.html
Any other relevant groups [Local government public agencies — Kentucky law (effective Jan 1, 2012)]
Local government public agencies must enroll in E-Verify or an equivalent federal work-authorization program for new hires, effective January 1, 2012. https://apps.legislature.ky.gov/record/11rs/hb3.ht...
Background Check Regulations
Federal FCRA governs employment background checks, and Kentucky law adds state-specific requirements and limits—covering consent, use of criminal records, sealed/expunged records, and disclosure timing—so employers must comply with both federal and state law and follow CRA counsel or compliance guidance.
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