Kansas Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Kansas and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Kansas Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are additional fair hiring laws in place in Kansas that differ slightly from federal laws. The Kansas Human Rights Commission enforces all state civil rights laws.

Under Executive Order 18-12, hiring under the state’s executive branch or governor’s office may not include a request for information about an applicant’s criminal history during the initial stages. An application cannot request such information, nor can a criminal background disqualify an applicant from being interviewed. There is no ban-the-box law in effect for private employers.

Additionally, Kansas state law prohibits an employer from requiring a polygraph test as a condition of employment. Employers are allowed to administer these tests, although they are subject to restrictions.

Do Kansas Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Kansas follows the federal Equal Pay Act to ensure that employees receive equal pay for equal work.

Do Kansas Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under K.S.A. 44-1113, employers are prohibited from discriminating against potential employees based on age. The law also includes labor organizations.

Do Kansas Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

State law in Kansas prohibits all employers from discriminating when making hiring decisions based on disability status. Similar to the federal law, it also requires employers to make reasonable accommodations for applicants and employees.

Do Kansas Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

The Kansas Act Against Discrimination restricts employers from using genetic testing or data to discriminate against a job applicant.

Do Kansas Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

K.S.A. 44-1009(a)(1) includes protected characteristics that employers may not discriminate against in the hiring process. They align with the characteristics found in the federal law (race, color, sex). Additional guidance issued by the Kansas Human Rights Commission states that an individual’s sexuality or transgender status is also not relevant to employment decisions, and discriminating based on these factors violates the protected characteristic of sex.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Kansas?

Fair chance hiring laws (also called ban the box) are in effect in Kansas City and Topeka. Johnson and Wyandotte counties also have similar laws in effect.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.