August 2020 Kansas HR Legal Updates

Kansas Human Rights Commission Board Prohibits LGBTQ Discrimination

What happened?
The Kansas Human Rights Commission Board (the Commission) released a statement it will interpret the Kansas Act Against Discrimination (KAAD) to prohibit LGBTQ discrimination, aligning itself with the U.S. Supreme Court’s decision in Bostock v. Clayton County.

What are the details?
The KAAD, which prohibits discrimination in employment, includes “sex” as a protected class, just as Title VII does. Effective August 21, 2020, the Commission began interpreting the KAAD prohibition against sex discrimination in accordance with the decision in Bostock, stating that “sex” is “inclusive of LGBTQ and all derivates of “sex.” The Commission will be releasing guidance on its revised interpretation of the KAAD on its website. Effective immediately, the Commission began accepting complaints of sex discrimination with allegations that include discrimination based on sexual orientation in employment.

What do employers need to do?
Kansas employers should update their anti-discrimination policies and provide additional training to employees about the changes.