Kentucky’s New ‘Reentry’ Law Gives Employers Clearance to Hire Workers with Criminal Backgrounds

Under a new Kentucky law that will take effect in July 2021, employers can hire qualified applicants with criminal records without fearing legal barriers and liabilities. Specifically, House Bill 497 creates a certificate program that will give employers relief from civil liability for hiring an ex-offender who was trained for a particular job. The goal is to enhance the ability of formerly incarcerated people to get jobs once they are in the community to further aid in their rehabilitation and reintegration. The bill was signed by Governor Andy Beshear on April 5 after being unanimously passed by the Kentucky Legislature in late March. Here’s what Kentucky employers need to know about this new law.

What Are “Certificates” and How Are They Granted?

HB 497 requires the Department of Corrections (DOC) to equip persons leaving incarceration with the necessary documents and paperwork to ease the process of reentry, including documentation of their criminal history, institutional history, and other relevant information. The law also encourages the DOC to provide support for incarcerated individuals in preparing and writing job resumes.

Importantly, HB 497 establishes a certificate of employability program for eligible individuals to encourage second-chance employment opportunities upon reentry into society. To receive a “certificate of employability,” HB 497 requires incarcerated individuals to complete certain vocational and/or educational requirements, including passing a skills assessment test administered by the DOC. Certificates are only granted if the individual has successfully maintained a crime-free record for a legally prescribed waiting period preceding their release. The certificate of employability will not be issued to sex offenders, and there are other exclusions in the bill as well. Employers can request the certificate of employability from a job seeker and can check the validity of the certificate by contacting the DOC.

What Does This Mean (or Not Mean) for Kentucky Employers?

The new reentry bill does not mean that employers are required to accept an applicant with a criminal record. Understandably, some Kentucky employers are likely reluctant to hire candidates with certain criminal histories.

The bill does, however, provide legal protection from negligent-hiring lawsuits if you do decide to hire certificate of employability holders. This immunity means that you can feel confident that hiring a person with a criminal record will not create a legal liability. Rather, it gives you the discretion to assess an individual with a certificate of employability based on their qualifications and to treat them like any other applicant.

For those employers who do decide to utilize this new certification, be sure to educate your Human Resources department, supervisors, and higher-level managers regarding the new law. You may also need to adjust your policies for hiring persons formerly incarcerated or setting up a program to actively recruit candidates with criminal histories.

KAM (Kentucky Association of Manufacturers) Survey Presentation 2021

KYSHRM State Council, Chapter members and friends have been presented with an opportunity to hold a special “Council Chat” Thursday May 20 th at 11am (eastern) to learn more about KAM (Kentucky Association of Manufacturers) and their survey data. This information is especially of interest to those in the manufacturing arena but truly has a lot of valuable information for most in the HR realm. As you may recall this survey launched last year. Lee Lingo from KAM, Shawn Herbig from IQS Research and KYSHRM Foundation Director Tiffany Cardwell (MCM) have generously offered to share their findings with our group.

The KAM Survey has been revitalized to help the manufacturing industry receive relevant survey data not only on wages & benefits, but also on key topics for the work environment as a whole such as diversity & inclusion. Their goal is to have survey data for Companies to review pre-COVID, during COVID and hopefully soon – post COVID. There will be HRCI/ SHRM CE available for this free event.

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May is Mental Health Awareness Month
Managing anxiety during your workday

With states, communities and businesses reopening, many employees are facing concerns about anxiety that might arise during their work hours. Companies are doing their best to increase physical safety measures, social distancing, improved sanitizer stations, masks and thorough cleaning of office spaces. However, you might still feel anxiety during your workday. One way to counter these concerns is to consider mental well-being as a priority during your work hours.

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Diversity Dialogue

Education | Conversations | Implementation

Hello LSHRM members, Community Partners, and Friends!

Diversity and Inclusion are two terms that are used to promote unity and to create space for all people despite differences in areas such as race, gender, and sexual preference. In 2018, the Journal of Educational Foundations published a case study titled “African American history and culture: What white teachers should know”. The purpose of the research was to examine the thoughts and understanding of White teachers regarding African American history and culture.The data collected suggested that many White participants expressed that they had to understand African American history on their own due to African American history not being taught to them in school in their youth. Previous studies have suggested that despite the increasing population of multiracial and multicultural students in the United States, many classroom teachers lack the preparedness needed to teach and relate to diverse learners effectively. The case study encouraged me to think about my personal development as a human resource professional. I walked away with two takeaways: admit when you don’t know the answer and need further development in an area, and don’t be afraid to seek the solution and the development opportunity.

In 2020, the Society for Human Resources Management (SHRM) introduced a new initiative called Together Forward @ Work. The initiative is to promote racial equity for everyone, especially in our workplace. HR professionals are often the ethical meter for our workplaces and are charged with developing, coaching, and training employees to perform at their highest level. We find ourselves not knowing the answers to situations that arise, but as critical thinkers, we seek out the solutions and get the work done. In support of the Together Forward @ Work initiative, Louisville Society for Human Resource Management (LSHRM) is dedicated to providing educational and developmental opportunities in diversity, equity, and inclusion to encourage ongoing conversations and learning for implementation and creating positive change within our workplaces. I’m excited to announce our LSHRM Diversity, Equity, and Inclusion Survey. The purpose of the survey is to provide a space for you to share your thoughts and ask questions surrounding diversity, equity, and inclusion. The LSHRM Diversity, Equity, and Inclusion committee will use the results from the survey to create relevant programming, seminars, and events for your professional and personal development. You can access the link to the survey by clicking the button below. We are excited to hear your thoughts!

Furthermore, we are excited to announce our new Diversity Dialogue column. LSHRM is dedicated to providing you words of wisdom from forward thinking thought-leaders and change agents that will challenge our personal bias and aid in our development in the area of diversity, equity, and inclusion. Each month, Diversity Dialogue will host a new contributor to educate you on the latest best practices and continue the ongoing conversation, collaboration, and learning.

I will end my message with encouraging words from the remarkable Maya Angelou who stated that “we all should know that diversity makes for a rich tapestry, and we must understand that all the threads of the tapestry are equal in value no matter what their color.” I truly looking forward to providing you with the resources you need to continue your success as human resource professionals. Let’s continue this work together!

Survey!