Kansas Sexual Harassment laws & HR compliance analysis

Kansas Sexual Harassment: What you need to know

The Kansas Act Against Discrimination prohibits discrimination in employment on the basis of sex (KS Stat. Sec. 44-1001 et seq.). Sexual harassment is generally considered discrimination based on sex. The law applies to all public employers and private employers with four or more employees.
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Sexual orientation. Effective February 10, 2015, state agencies are no longer prohibited from discriminating against applicants or employees on the basis of sexual orientation or gender identity (KS E.O. 2015-01). The 2015 Executive Order rescinded an Executive Order issued in 2007 that prohibited such discrimination.
State law does not require training regarding a private employer's policy on sexual harassment. However, training is strongly recommended. Training in the prevention of sexual harassment enables supervisors to properly address sexual harassment complaints, educates the workforce on issues of sexual harassment and the prevention of potentially harassing situations, establishes the employer's policies, and provides the basis for an effective defense to sexual harassment claims.
The 10th Circuit Court of Appeals has ruled that an employer's sexual harassment policy and training program constituted evidence that it exercised reasonable care to prevent and correct harassment in the workplace (Pinkerton v. Colo. DOT, 563 F.3d 1052 (10th Cir. 2009)). In this case, the employee claimed her supervisor harassed her, but was not able to prove that the harassment culminated in a tangible employment action. Therefore, the employer was able to use an affirmative defense and ultimately showed that (1) it exercised reasonable care to prevent and correct sexual harassment and (2) the employee ...

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