Employers may require applicants (and prospective independent contractors) to grant them access to criminal history records to determine the applicants fitness for employment, and may make adverse employment decisions pursuant thereto as long as the information relied upon implicates the applicants trustworthiness, or the safety of other employees or customers. Kan. Stat. Ann. § 22-4710.
A job applicant whose arrest record, conviction, or diversion of crime has been expunged may state that he or she
has never been arrested, convicted, or diverted of such crime, except when applying for a position in certain state agencies and commissions or in private security.
The custodian of records will release expunged records on these subjects to potential employers. KS §21-4619 Criminal history must reasonably bear on the applicants trustworthiness or the safety or well-being of the employers employees or customers. Kan. Stat. A
nn. § 22-
4710(f). According to the Kansas Human Rights Commission, this standard applies to both public and private employers.
§ 22-4710 – Unlawful for employers to require certain acts; exceptions; penalties.
(a) It is unlawful for any employer or prospective employer to require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person’s record in order to qualify for employment.
(b) Any person violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
(c) Notwithstanding the provisions of subsection (a) or any other provision of this act, an employer may require a job applicant or a prospective independent contractor to sign a release allowing the employer to access the applicant’s or independent contractor’s criminal history record information for purposes of determining the applicant’s fitness for employment.
(d) The bureau may charge an employer a reasonable fee for the preparation of a report detailing such criminal history record information, and pursuant to rules and regulations may establish a fee schedule or charge varying rates depending upon the quantity of information provided.
(e) The bureau shall be immune from any and all claims or causes of action arising from the release of criminal history record information provided to an employer pursuant to a release signed by a job applicant.
(f) No employer shall be liable for any employment decision or decision to enter into a contract with an independent contractor based upon knowledge of such criminal history record information, provided the information that led to the employment or contracting decision reasonably bears upon the independent contractor’s, applicant’s or employee’s trustworthiness, or the safety or well-being of the employer’s employees or customers.