Preemployment Screening and Testing: Kansas

Federal law and guidance on this subject should be reviewed together with this section.

Author: Karen R. Glickstein, Polsinelli

Summary

• Kansas does not closely regulate the use of Preemployment Screening and Testing.
• The Kansas Fair Credit Reporting Act provides some limitations on the use of "consumer reports." See Credit Checks.
• Kansas recognizes a cause of action for negligent hiring. See Negligent Hiring.
• Employers may conduct preemployment drug and alcohol screening consistent with federal law.
• While Kansas permits employers to require applicants to sign a release allowing access to criminal history information, the statute also provides immunity to employers for employment decisions based upon the criminal history record so long as the information relates to the applicant's trustworthiness or to the safety or well being of the company's employees or customers. See Arrest and Conviction Records.
• Kansas law provides immunity to an employer for disclosure of certain reference information if the employee has provided certain releases. See Reference Checks.