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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to employment within the Executive Branch of Kentucky. Executive Order 2017-064.
The “Fair Chance Employment Initiative,” an executive order signed into law on February 1, 2017, prohibits applications for jobs within the state’s executive branch from inquiring about criminal history. Executive branch agencies may inquire about criminal records after the initial application but before interviewing an applicant, and they may consider applicable criminal history when making final hiring decisions.
State
Contacts
Employer immunity from disclosure claims
Kentucky Legislative Research Commission
Arrest record inquiries
Kentucky Commission on Human Rights
Conviction record inquiries
Kentucky Commission on Human Rights
Regulations
Employer immunity from disclosure claims
Kentucky Revised Statute 411.225, Employer immunity from civil liability for disclosure of employee information – Exceptions – Effect of provision
Arrest record inquiries
None.
Conviction record inquiries
Kentucky Revised Statute 335B.010, Definitions
Kentucky Revised Statute 335B.020, Disqualification from public or occupational license of ex criminal offenders prohibited – exceptions
Kentucky Revised Statute 17.160, Furnishing potential employer with person’s record of convictions, guilty pleas, and Alford pleas involving specified crimes
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.