Kentucky — Hiring & Onboarding

Kentucky requires all employers to report newly hired and rehired employees to the Kentucky New Hire Reporting Center within 20 days of the hire date. The requirement applies to any employee the employer anticipates paying, including full-time, part-time, seasonal, and temporary workers. An employee must be reported even if hired for only one day. Rehires are also reportable if the employee was separated from employment for at least 60 consecutive days. Required information includes the employee's name, address, and Social Security number, plus the employer's name, address, and federal EIN.

Source: KRS 405.435 and 42 U.S.C. § 653a

Kentucky prohibits public employers from disqualifying an applicant solely because of a prior criminal conviction unless the crime directly relates to the position of employment sought. Under KRS 335B.020(1), no person may be denied public employment based on a conviction alone; the hiring authority must establish a direct relationship between the conviction and the specific job duties. This protection applies to all employment with the Commonwealth of Kentucky, its agencies, and its political subdivisions.

Scope of protected convictions

The statute covers convictions of felonies, high misdemeanors, and misdemeanors for which a jail sentence may be imposed. KRS 335B.010(4) defines "conviction of crime" to include only these categories, excluding minor violations and infractions.

Three-factor test for direct relationship

When evaluating whether a conviction directly relates to a position, KRS 335B.020(2) directs the hiring authority to consider three factors:

1. Nature and timing: The nature and seriousness of the crime, and the passage of time since commission;
2. Regulatory connection: The relationship of the crime to the purposes of regulating the position of public employment sought; and
3. Fitness and capacity: The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position.

All three factors must be weighed; no single element is dispositive. The hiring authority bears the burden of showing the conviction directly relates to the job before using it as a basis for denial.

Rehabilitation discretion

Under KRS 335B.020(3), the hiring authority retains discretion to grant employment to an individual with a covered conviction if it determines the individual has been successfully rehabilitated. This provision allows employers to extend a second-chance opportunity even when a direct relationship exists.

Statutory exceptions

KRS 335B.020 does not limit statutory prohibitions in other chapters that categorically bar convicted felons from specific positions (for example, certain law enforcement, emergency medical services, and positions involving vulnerable populations). KRS 335B.060 provides that Chapter 335B supersedes conflicting laws on public employment of ex-offenders, but statutory exclusions in other titles remain enforceable when they establish absolute bars based on public safety concerns.

Private employers

KRS 335B.020 applies only to public employers—the Commonwealth, its agencies, and political subdivisions. Private employers in Kentucky are not bound by this statute, though federal EEOC guidance on criminal history screening under Title VII remains applicable to covered employers statewide. In 2017, Governor Bevin issued Executive Order 2017-065 implementing "ban-the-box" for state executive branch employers, prohibiting criminal history questions on initial applications, but this order does not extend to private employers or local governments. Louisville enacted a local fair-chance ordinance in 2014 that covers city agencies and vendors, but most Kentucky municipalities have not adopted similar restrictions.

Source: KRS 335B.020 Source: KRS 335B.010 Source: KRS 335B.060