Are employers allowed to conduct background checks on job applicants?
Yes, employers in Kansas are allowed to conduct background checks on job applicants. The law requires employers to adhere to certain rules when they conduct these checks. Kansas employers must disclose in writing to the applicant that a background check is being conducted and for what purpose. The employer must also provide the applicant with a copy of the results of the background check. If any adverse action is taken, such as not hiring the applicant or withdrawing a job offer, the state requires the employer to notify the applicant in writing. The law also requires employers to only request a background check on job applicants if the job specifically requires it. For example, employers can typically require background checks for positions such as law enforcement, healthcare, or day care. For other jobs, employers must demonstrate a "business necessity" to conduct the background check, such as if the job involves the handling of valuable property or money. Employers are also prohibited from discriminating against job applicants based on certain criminal records. They must take into consideration the applicant’s complete record, including rehabilitation or other mitigating factors. Finally, employers are not allowed to request information on arrests that did not result in a conviction or pending criminal charges.
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