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Employer defined
“Employer” includes:
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 Guidelines on Discrimination Because of Religion. For example, the state law includes provisions for reasonable accommodations unless those accommodations would cause undue hardship.
The Kansas Act Against Discrimination protects all individuals, both citizens and noncitizens, domiciled, residing, or transient in the state of Kansas, against discrimination in employment because of race, religion, color, national origin, or ancestry.
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:
Posting
Every covered entity must post, and keep posted in a conspicuous place, a notice prepared by the Human Rights Commission.
Contact
Kansas Human Rights Commission
Regulations
Kansas Act Against Discrimination
Kansas Administrative Code Title 21, Article 33, Guidelines on Discrimination Because of Religion
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1605, Guidelines on Discrimination Because of Religion