Kansas Selection and Testing: What you need to know

The Kansas Act Against Discrimination prohibits discrimination based on race, religion, color, sex, disability, national origin, or ancestry, without a valid business necessity. The Act applies to all employers with four or more employees (KS Stat. Ann. Sec. 44-1001 et seq.). In addition, employers are prohibited from printing or circulating job notices or advertisements, making preemployment inquiries, or using employment applications that indicate a discriminatory limitation or specification, unless the limitation or specification constitutes a bona fide occupational qualification (BFOQ), i.e., is necessary in order to perform the job in question (KS Stat. Ann. Sec. 44-1009(3); Sec. 44-1113(4)).
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The state Age Discrimination in Employment Act prohibits discrimination based on age (40 years and over), unless supported by a valid business reason (KS Stat. Ann. Sec. 44-1111 et seq.).
State law also prohibits employment practices that discriminate on the basis of military service (KS Stat. Ann. Sec. 44-1126 et seq.).
The Kansas Infectious Disease Act prohibits discrimination based on public health record information (i.e., HIV or AIDS status) (KS Stat. Ann. Sec. 65-6001 et seq.).
Employers generally may use employment tests and selection criteria so long as they do not adversely impact a protected individual or class of individuals. In keeping with this general principle, the Kansas Human Rights Commission's regulations state that a test that adversely affects the hiring, transfer, promotion, or other opportunities of individuals protected by the state's fair employment laws is unlawful unless:
• It has been validated and evidences a high degree of utility.
• The person giving the test or ...

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