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Louisville, Kentucky Bans-the-Box for City Vendors

By Michael Klazema on 4/7/2014

This update will focus on vendor restrictions and responsibilities.

Job application forms used by vendors must not contain a box or any other inquiry about an applicant’s prior criminal history. Vendors may inquire about an applicant’s criminal history only after a conditional offer of employment is extended to the applicant.

Exceptions to the ordinance are the following:

  1. Employment that involves the transfer and handling of cash amounts in excess of $500 or that involve major fiduciary responsibilities (such as employees charged with investing funds, accounting, auditing, etc.);
  2. Employment that involves access to confidential information, including but not limited to, social security numbers, bank account information, credit card information, or other combination of information that could be used for identity theft or related criminal activity;
  3. Employment that involves or may involve unsupervised access to children or minors under the age of sixteen, developmentally disabled persons, or vulnerable adults;
  4. Positions with unsupervised access to homes of residents in which they work alone (i.e. not in pairs or teams of employees) and without direct supervision;
  5. Any company or procurement that is prohibited by federal, state and/or local law from hiring an individual with a felony;
  6. Any vendor that is the only capable supplier of a commodity or service within a reasonable geographic area of Metro Louisville;
  7. Sundry items and required advertising as determined by Kentucky Revised Statutes as not being practical or feasible to bid;
  8. Federal and state-funded projects for bid through which federal or state government procurement processes require initial application criminal background inquiries;
  9. Any pass-through federal and/or state government grants and/or federal or state local program payments or mandates;
  10. Contracts that Louisville Metro Government can use for volume savings on products, vehicles, and required accessories and supplies; or
  11. Employment positions or categories required by law.

The ordinance went into effect on March 13, 2014.

The ordinance may be viewed here:  https://louisville.legistar.com/LegislationDetail.aspx?ID=1683793&GUID=E695A63B-7268-4D62-8D91-DEDEAB9F29F7&Options=ID|Text|&Search=ban+the+box


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