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Employment Laws in Kansas

Filed under Office & HR.

Employers in Kansas must conform to these state rules relating to the employment relationship.

Employee does not include an individual employed by his or her parents, spouse or child or in the domestic service of any person.

Employer includes a person in Kansas employing four or more persons and a person acting directly or indirectly for an employer, labor organizations, nonsectarian corporations, organizations engaged in social service work, the state and all its political and municipal subdivisions, but not nonprofit fraternal or social associations or corporations.

Prohibited Employment Discrimination

It is unlawful to discriminate in employment practices on the basis of:

  • race
  • religion
  • color
  • sex (including pregnancy and childbirth)
  • disability
  • national origin or ancestry

Age. It is a prohibited employment practice for an employer to refuse to hire or employ a person, to bar or discharge a person from employment or to otherwise discriminate against a person in compensation or in terms, conditions or privileges of employment based on age.

It is also unlawful to limit, segregate, separate, classify or make any distinction in regard to employees based on age without a valid business motive.

AIDS/HIV. Information regarding cases of AIDS or HIV infection reported to state officials as required by law must not be used in any form or manner that would lead to the discrimination against any individual or group with regard to employment.

Victims' rights. An employer cannot 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:

  • attend related court proceedings
  • seek medical attention for related injuries
  • seek relief, including but not limited to a temporary restraining order or other injunctive relief
  • obtain services from a domestic violence shelter, domestic violence program or a rape crisis center

An employee should give the employer reasonable advance notice of an intention to take time off, unless advance notice is not feasible, and documentation within 48 hours of returning from leave.

Recordkeeping/Posting Requirements

Employers that are subject to the Kansas Act Against Discrimination must keep posted in a conspicuous place or places on their premises a notice prepared by the Kansas Human Rights Commission setting forth excerpts of the law.

Every person subject to Kansas' age discrimination law must keep posted in a conspicuous place or places on the person's premises notices to be prepared or approved by the commission that set forth excerpts of the age discrimination law and other relevant information that the commission considers necessary to explain the law.

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