While Title VII is the federal law that governs discrimination in the workplace, Kansas sexual discrimination law in the workplace falls under the Kansas Act Against Discrimination. Under this act, it is illegal for employers to treat employees differently on the basis of sex.
The Kansas Act Against Discrimination defines employers as anyone (including labor organizations, nonsectarian corporations and political and municipal subdivisions) who employs four or more people. It excludes nonprofit social and fraternal associations. This differs from Title VII because Title VII only applies to those employers who have fifteen or more employees.
Employees under this act are defined as those who are employed by the employers, except for those employed by their parents, spouse or child and those working in domestic service positions.
The Kansas Act Against Discrimination makes illegal any act that distinguishes based on sex an employee’s terms, conditions or compensation. It also includes discrimination of people based on the age of their children or of women due to pregnancy and related issues.
To file a complaint against an employer, employees must submit an information sheet to the Kansas Human Rights Commission within six months of the alleged discriminatory act; you can get help with this from an intake officer.
The first thing the Commission will do is attempt mediation. If mediation fails, they will investigate the claims. The investigator will report information to a commissioner who will make the final decision. If the commissioner finds reasonable cause that your rights have been violated, you and your employer will try to reach a settlement. If this is unsuccessful, you’re case will go to public hearing.
It is possible to skip the Commission investigation and go directly to the courts, but you’ll have to file a request for a “Right to Sue” letter from either the EEOC or the Kansas Human Rights Commission first.
This is just an overview of the sexual discrimination laws in Kansas. Employers should keep posted an up-to-date version of the Kansas Complete Labor Law poster in the workplace so that everyone is aware of their rights and responsibilities when it comes to keeping the workplace safe for everyone.