Kansas
  • Updated on 12 Mar 2020
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Kansas

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Ban-The-Box & Fair Hiring Laws By State

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

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box executive order applies only to executive branch departments, agencies, boards, and commissions under the jurisdiction of the Office of the Governor. Exceptions apply for positions when a criminal history would render a candidate ineligible for the position by law.

Timing of inquiry: Employers subject to this executive order may not ask job candidates whether they have a criminal record during the initial stage of an employment application. Additionally, a criminal record may not automatically disqualify a candidate from receiving an interview.

Adverse action implications: None


COUNTY LAWS

JOHNSON COUNTY, KS – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Johnson County, KS.

Timing of inquiry: Public sector employers for Johnson County may only inquire into criminal history after a conditional offer.

Adverse action implications: None

KANSAS CITY, KS AND WYANDOTTE COUNTY – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Kansas City and Wyandotte County, KS.

Timing of inquiry: Public sector employers for Kansas City and Wyandotte County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

TOPEKA, KS – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Topeka, KS.

Timing of inquiry: Public sector employers for the City of Topeka may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

WICHITA, KS – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Wichita.

Timing of inquiry: Public sector employers for the city of Wichita may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
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