Kentucky Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Kentucky and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Kentucky Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Kentucky has several fair hiring laws that differ from those administered on a federal level.

One example is a state law that prohibits employers with at least eight employees from discriminating against individuals based on their tobacco usage. An employer may not refuse to hire someone strictly because they smoke or use other forms of tobacco.

Under this law, employers are permitted to offer benefits or incentives to those who participate in programs to quit smoking. They can also require higher contribution rates among tobacco users on a company-sponsored health plan.

Additionally, the state has passed laws related to fair chances in hiring. One outlines the regulations around potential new hires with criminal convictions, and another aims to reduce the barriers to earning licenses to perform certain jobs. Employment applications for specific, state-level jobs may not include the question of whether an applicant has been convicted of a felony.

Do Kentucky Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Kentucky hiring laws align with the federal Equal Pay Act.

Do Kentucky Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Kentucky’s age discrimination law aligns with the federal law, protecting those under 40 from discrimination based on age.

Do Kentucky Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Kentucky follows the Americans with Disabilities Act (ADA) regarding hiring.

Do Kentucky Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Kentucky follows the federal Genetic Information Nondiscrimination Act.

Do Kentucky Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Kentucky laws align with Title VII of the Civil Rights Act of 1964 regarding discrimination based on protected statuses. Legislation states that all employees and applicants in the Commonwealth of Kentucky are guaranteed to “the right to equal opportunity in hiring, promotion…and all other aspects of the employment process.”

Individuals who feel they have faced discrimination in the hiring process may file a complaint with the state’s Commission on Human Rights or the federal EEOC.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Kentucky?

Jefferson County has a law in place that restricts discrimination against individuals in regard to recruiting, hiring, and other terms, conditions, and privileges of employment.

Louisville is the only city in the state with a local “ban-the-box” ordinance in effect. It restricts anyone doing business with Louisville Metro from asking about criminal history on an employment application.

Hopkinsville also removed the question from state job employment applications.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.