Kansas AIDS and Disease laws & HR compliance analysis

Kansas AIDS and Disease: What you need to know

The Kansas Act Against Discrimination prohibits employment practices that discriminate on the basis of disability or genetic test results (KS Stat. Sec. 44-1001 et seq.). The law applies to all public employers and private employers with four or more employees. An individual with acquired immunodeficiency syndrome (AIDS) or other disease is covered under the Act if he or she meets the statutory definition of having a disability.
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"Disability" defined. “Disability” is defined as any physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having such an impairment.
Federal law compared. The Americans with Disabilities Act (ADA) has similar provisions to the state law.
The state law has been amended to reflect the ADA's definition of a "regarded as" disability. Under the ADA and state law, an individual is regarded as having a disability if the individual is subjected to unlawful discrimination because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity to fall within the definition.
The ADA covers private employers with 15 or more employees.
Exclusions. The current illegal use of a controlled substance is not a disability under the Act.
Like the ADA, the Kansas Act prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. Employers must provide reasonable accommodation to applicants and employees with disabilities, unless to do so would impose an ...

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