Kansas Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Kansas Pre-Employment Inquiries (Interviewing): What you need to know

The Kansas Act Against Discrimination prohibits employment practices that discriminate on the basis of race, color, religion, sex, mental or physical disability, national origin, genetic test results, or ancestry (KS Stat. Sec. 44-1001 et seq.). The Age Discrimination in Employment Act prohibits discrimination on the basis of age (KS Stat. Sec. 44-1111 et seq.). Both acts cover private employers with four or more employees and all state and local government agencies regardless of size. State agencies are also covered separately by the state Civil Service Act, which prohibits discrimination on the basis of these same characteristics as well as on the basis of political affiliation (KS Stat. Sec. 75-2925). As a general rule, it would be unlawful for a covered employer to ask questions about any of these characteristics, either on an application form or in a job interview, unless based on a bona fide occupational qualification (BFOQ).
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Regulations issued by the state Human Rights Commission expressly prohibit the following preemployment inquiries and practices (KS Admin. Code Sec. 21-30-17):
• Inquiries about the birthplace of an applicant, the applicant's spouse, parents, or any other close relative
• Any requirement that an applicant submit a birth certificate, naturalization record, 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 the applicant is hired
• An inquiry into the name and address of any relative of an adult applicant other than applicant's spouse or children
• An inquiry into organization memberships, the name or character of which could indicate the race, religion, color, ...

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