Kansas — Workplace Discrimination

The Kansas Act Against Discrimination (KAAD) prohibits employment discrimination based on race, religion, color, sex, disability, national origin, and ancestry. The Act does not currently prohibit discrimination based on sexual orientation or gender identity. "Employer" includes any person in Kansas employing four or more persons, as well as labor organizations, nonsectarian corporations, organizations engaged in social service work, and the state and all political subdivisions. Nonprofit fraternal or social associations and sectarian corporations are excluded. The Kansas Human Rights Commission enforces the KAAD.

Source: K.S.A. 44-1001 and K.S.A. 44-1002(b)

Complaints under the Kansas Act Against Discrimination must be filed with the Kansas Human Rights Commission within six months after the alleged act of discrimination. If the complaint alleges a continuing pattern or practice of discrimination, the six-month period runs from the last act of discrimination. This deadline is jurisdictional — the Commission cannot process complaints filed outside the six-month window.

Source: K.S.A. 44-1005(i)

Kansas treats pregnancy discrimination as sex discrimination under the Kansas Act Against Discrimination (KAAD). K.A.R. 21-32-6, the implementing regulation, establishes mandatory protections beyond the basic prohibition on pregnancy-based employment exclusion.

Pregnancy as temporary disability

Under K.A.R. 21-32-6(b), disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery are temporary disabilities "for all job related purposes." Covered employers must treat these pregnancy-related conditions identically to other temporary disabilities under any health insurance, temporary disability insurance, sick leave plan (formal or informal), or other employee benefit program. If an employer provides paid sick leave, short-term disability benefits, or modified duty for employees with broken bones, back injuries, or other temporary medical conditions, the same terms must apply to pregnancy-related disabilities.

Mandatory reasonable leave

K.A.R. 21-32-6(d) requires employers to consider childbearing "a justification for a leave of absence for female employees for a reasonable period of time." This is an independent obligation — even if an employer provides no disability leave program at all, the regulation mandates a reasonable pregnancy leave. The regulation does not define "reasonable," but the employment policies and practices governing leave must address "the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment" on the same terms as other temporary disabilities under K.A.R. 21-32-6(b).

Exclusion and termination as prima facie discrimination

K.A.R. 21-32-6(a) provides that any written or unwritten employment policy or practice that excludes applicants or employees because of pregnancy is prima facie discrimination. Termination of a pregnant employee caused by insufficient or no available leave is discriminatory under K.A.R. 21-32-6(c) if it has a disparate impact on employees of one sex and is not justified by business necessity.

Scope

These requirements apply to employers with four or more employees, the same coverage threshold as the KAAD generally. K.S.A. 44-1002(b) defines "employer" to include any person in Kansas employing four or more persons, as well as labor organizations, nonsectarian corporations, organizations engaged in social service work, and the state and all political subdivisions. The KAAD does not preempt federal protections under the Pregnancy Discrimination Act (Title VII, 15+ employees) or the Pregnant Workers Fairness Act (15+ employees); Kansas employers subject to both sets of rules must comply with whichever standard is more protective in a given situation.

Source: K.A.R. 21-32-6 Source: K.S.A. 44-1002(b)