Kansas Equal Opportunity in Employment Mandatory Posting Update

Kansas Equal Opportunity in Employment Peel 'N PostWhat changed and why?

The Kansas 2021 Equal Opportunity in Employment posting has been updated consistent with Guidance from the Kansas Human Rights Commission (KHRC) issued in response to the 2020 U.S. Supreme Court decision in Bostock v. Clayton County. In the landmark civil rights case, the Supreme Court held that the prohibition of discrimination “because of … sex” under Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation or transgender status.

The Supreme Court’s analysis of Title VII prompted the KHRC to consider its applicability to the Kansas Act Against Discrimination (KAAD). The KHRC observed that like the Title VII language analyzed in Bostock, the KAAD by its own statutory language prohibits discrimination against any individual “because of … sex.” The KHRC also observed that Kansas courts have consistently held that analysis of the KAAD is based on and follows the federal courts’ analysis and holdings in Title VII cases. Based on Bostock’s Title VII analysis, and the identical language of the KAAD, the KHRC concluded that the KAAD prohibits sex discrimination based on any individual’s sex, “without regard to sexual orientation, transgender status, or any other subcategory or derivative of the word ‘sex.’”

Consistent with the KHRC’s Guidance, the Kansas Equal Opportunity in Employment posting has been updated to clarify that:

  • Sex includes LGBTQ+, all derivatives of sex, and pregnancy.
  • Age is 40 or more years.

 

Where can employees get help?

Employees who believe they have experienced discrimination in employment in violation of the KAAD can file a complaint with the KHRC. Complaints must be filed within six months of the last act of discrimination. The Kansas Equal Opportunity in Employment posting includes updated contact information for the KHRC.

 

Who must post?

All Kansas employers are required to post the State’s Equal Opportunity in Employment posting in a location on the employer’s premises where it can be seen by job applicants and employees. (K.S.A. §§44-1012; 44-1114).

 

How can you maintain compliance?

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