Kansas Hiring laws & compensation compliance analysis

Kansas Hiring: What you need to know

Discrimination. The Kansas Act Against Discrimination prohibits hiring practices that discriminate on the basis of race, color, religion, sex, disability, national origin, ancestry, or genetic test results (Kan. Stat. § 44-1009). The Age Discrimination in Employment Act prohibits hiring practices that discriminate on the basis of age (Kan. Stat. § 44-1111 et seq.). Both laws cover employers with four or more employees. State agencies and government contractors are also covered by separate provisions.
Disabilities. Employers are prohibited from inquiring as to the existence, nature, or severity of an applicant's disability. However, employers may make preemployment inquiries into the ability of an applicant to perform job-related functions (Kan. Admin. Code § 21-34-3).
Preemployment inquiry guidance. Guidelines issued by the Kansas Human Rights Commission provide the following examples of prohibited preemployment inquiries and practices:
• Inquiry into the birthplace of an applicant, the applicant's spouse, parents, or any other close relative
• Any requirement that an applicant submit a birth certificate or a naturalization or baptismal record with his or her application
• Any requirement or suggestion that an applicant submit a photograph with his or her application or at any time before he or she is hired
• Inquiry into the name and address of any relative of an adult applicant other than applicant's spouse or children
• Any inquiry into organization memberships, the name or character of which could indicate the race, religion, color, national origin, or ancestry of the applicant (Kan. Admin. Code § 21-30-17)
Military status. All employers, regardless of size, are prohibited from discriminating against ...

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