Discrimination - Other - Kansas

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Kansas law against employment discrimination applies to employers with four or more employees. The law identifies the following protected classes for purposes of unlawful employment discrimination:

• Race,
• Religion,
• Color,
• Sex,
• Disability (physical or mental impairment; does not include an individual who is currently engaging in the illegal use of drugs),
• National origin (and Ancestry),
• Age (40 and older; by K.S.A. § 44-1113),
• Pregnancy (by state regulation K.A.R. § 21-32-6), and
• Sexual orientation/Gender identity or Expression (not explicitly protected by Kansas law, but the Kansas Human Rights Commission (KHRC) will accept these complaints).

In addition to the traits listed above, it is unlawful for any employer to:

• Obtain or to use genetic screening or testing information to discriminate against an employee or prospective employee; or
• Subject any employee or prospective employee to any genetic screening or test.

Kansas also regulates discrimination on the basis of:

• Volunteering as an emergency service worker;
• Victims of domestic violence and sexual assault for taking time off work; and
• Word-of-mouth recruiting and giving preference to relatives, friends, or neighbors (under certain circumstances).

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; and
• the state of Kansas and all political and municipal subdivisions

The term does not include a non-profit fraternal or social association or cooperation.

Genetic discrimination

“Genetic screening or testing” means a laboratory test of a person’s genes or chromosomes for abnormalities, defects or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease or other disorders, whether physical or mental, which test is a direct test for abnormalities, defects or deficiencies, and not an indirect manifestation of genetic disorders.

It is unlawful for any employer to:

• seek to obtain, to obtain, or to use genetic screening or testing information of an employee or a prospective employee to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee; or
• subject, directly or indirectly, any employee or prospective employee to any genetic screening or test.

Volunteer emergency worker

No employer may discharge any employee by reason of the fact that the employee performs duties as a volunteer firefighter, volunteer certified emergency medical services attendant, volunteer reserve law enforcement officer, or volunteer part-time law enforcement officer. This does not apply to an employer when the employee is employed by the employer as a full-time firefighter or law enforcement officer. §44-131

Recruiting restrictions

Employers and labor organizations whose work forces or memberships do not bear a reasonable relationship to the racial and/or ethnic pattern of the general population in their recruiting areas may not recruit exclusively or even primarily by word-of-mouth referrals from present employees or present members.

Employers and labor organizations whose work forces or memberships do not bear a reasonable relationship to the racial and/or ethnic pattern of the general population in their recruiting areas may not give preference in hiring or in admission to membership to relatives, friends, or neighbors of present employees or present members by reason of such relationships.

Domestic violence

An employer may not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence or a victim of sexual assault for taking time off from work to:

1. Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety or welfare of the victim or the victim’s child or children;
2. Seek medical attention for injuries caused by domestic violence or sexual assault;
3. Obtain services from a domestic violence shelter, domestic violence program or rape crisis center as a result of domestic violence or sexual assault; or
4. Make court appearances in the aftermath of domestic violence or sexual assault.

As a condition of taking time off, the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless such advance notice is not feasible. Within 48 hours after returning from the requested time off, the employee shall provide documentation which may include, but is not limited to, the following:

1. A police report indicating that the employee was a victim of domestic violence or sexual assault;
2. A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or
3. Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence or sexual assault.

When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within 48 hours after the beginning of the unscheduled absence, provides a certification to the employer as described above.

To the extent allowed by law, the employer shall maintain the confidentiality of any employee requesting such leave, as well as the confidentiality of any supporting documentation provided by the employee.

An employee may use any accrued paid leave or, if paid leave is unavailable, unpaid leave, not to exceed a total of eight days per calendar year, unless a longer period of time is otherwise available under the applicable terms of employment or is provided by a collective bargaining agreement. The entitlement of any employee for such leave may not be diminished by any collective bargaining agreement term or condition.

Posting

Every covered entity must post, and keep posted in a conspicuous place, a notice prepared by the Human Rights Commission.

State

Related information

Protected classes ezExplanation

Contact

Human Rights Commission

Regulations

K.S.A. § 44-1009 Unlawful employment practices; unlawful discriminatory practices

K.S.A. § 44-1113 Unlawful employment practices based on age

K.A.R. § 21-32-6 Discrimination because of sex; Pregnancy and childbirth

Kansas Act Against Discrimination

Kansas Administrative Code Title 21, Article 30, Guidelines on Employee Selection Procedures and Recruitment

Chapter 44 - Labor and Industries
Article 11 - Discrimination in Employment
44-1131. Definitions.

44-1132. Discrimination, retaliation prohibited; time off for certain purposes; documentation required; confidentiality of information; limitations on time off.

Chapter 60 - Procedure, Civil
Article 31.— Protection From Abuse Act
§§60-3101 through 60-3112

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.