Kansas Application Forms laws & HR compliance analysis

Kansas Application Forms: What you need to know

The Kansas Act Against Discrimination prohibits an employer from using an application form to make an inquiry that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religion, color, sex, disability, national origin, or ancestry, or any intent to so limit, specify, or discriminate, unless based on a bona fide occupational qualification (BFOQ) (KS Stat. Sec. 44-1009). Under the Act, employers are prohibited from requiring genetic testing or discriminating against job applicants on the basis of genetic information.
The Age Discrimination in Employment Act prohibits discrimination on the basis of age (40 years or over) (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 (KS Stat. Sec. 44-1002).
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Retaliation prohibited. It is unlawful for an employer to discharge, expel, or otherwise discriminate against an individual for opposing unlawful discrimination, filing a complaint, testifying, or assisting in any proceeding involving any discriminatory practice (KS Stat. Sec. 44-1009).
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 ...

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