['Disabilities and ADA']
['Disabilities and ADA']
06/11/2024
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Summary of differences between federal and state regulations
Employer defined
"Employer" includes:
- any person in the state employing four or more persons, and any person acting directly or indirectly for an employer;
- labor organizations;
- nonsectarian corporations;
- organizations engaged in social service work;
- the state of Kansas; and
- and all political and municipal subdivisions
The term does not include a non-profit fraternal or social association or cooperation.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes provisions for bona fide occupational qualifications and reasonable accommodations.
A complaint must be filed within six months after the date of occurrence of the alleged unlawful practice. If the alleged practice is of a continuing nature, the date of occurrence will be deemed to be any date subsequent to the commencement of the practice up to and including the date upon which the practice ceased.
Recordkeeping
No notation identifying the race, religion, color, sex, physical handicap, national origin, or ancestry of an individual should be made or maintained on application forms or other records except as provided otherwise in the state law. Violations of this rule will be deemed evidence of discrimination unless the employer shows it is acting in conformity with an explicit mandate of a local, state, or federal civil rights agency.
The Human Rights Commission recommends the maintenance of a permanent record as to the racial, sexual, religious, or ethnic identity of an individual for the purpose of complying with various reporting requirements only where the person maintains such records separately from the individual’s basic personnel file or other similar records available to those responsible for decisions (e.g., as a part of an automatic data processing system in the payroll department).
When a complaint or notice of investigation has been served, the respondent must preserve all personnel records relevant to the investigation until the complaint or investigation is finally adjudicated. This includes, but is not limited to:
- personnel, employment or membership records relating to the complaint and to all other employees, applicants, or members holding or seeking positions similar to that held or sought by the complainant;
- application forms or test papers completed by an unsuccessful applicant and by all other applicants or candidates for the same position or membership as that for which the complainant applied and was not accepted; and
- any records which are relevant to the scope of the investigation as defined in the notice or complaint.
Posting
Every covered entity must post, and keep posted in a conspicuous place, a notice prepared by the Human Rights Commission.
State
Contact
Regulations
Kansas Act Against Discrimination
Kansas Administrative Code Title 21, Article 34, Guidelines on Discrimination Because of Disability
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Americans With Disabilities Act
29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.