Kansas Affirmative Action laws & HR compliance analysis

Kansas Affirmative Action: What you need to know

Affirmative action laws require the employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels comparable to those for unprotected groups. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons, but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements. .
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The Kansas Act Against Discrimination (KAAD) prohibits discrimination in employment based on race, color, religion, sex, disability, national origin, ancestry, military status, or based on genetic test results (KS Rev. Stat. Sec. 44-1009, Sec. 44-1126). A separate law, the Kansas Age Discrimination in Employment Act (KADEA), prohibits discrimination in employment against persons 18 years of age or older (KS Rev. Stat. Sec. 44-1111et seq.). Both laws apply to all public employers and private employers with four or more employees. Additional information on the KAAD and the KADEA is available.
Private employers. Under the KAAD, filling a vacancy in such a way as to eliminate or reduce imbalance with respect to any of the protected categories is not an unlawful employment practice (KS Rev. Stat. Sec. 44-1009(9)(b)). According to the rules adopted by the Human Rights Commission, employers have an obligation to undertake affirmative action to ensure that applicants and employees are treated equally (KS Admin. Rules Sec. 21-30-14et seq.). Where affirmative action appears necessary, the Commission may require employers to maintain and utilize the applications of ...

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