Pregnancy/Maternity Discrimination Law Summaries

Pregnancy and Maternity Discrimination Law Summaries

Kansas, Pregnancy and Maternity Discrimination Law Summaries

The Guidelines on Discrimination Because of Sex in the Kansas Administrative Regulations (Agency 21, Article 32, Section 21-32-6) interpret discrimination in employment on the basis of pregnancy and childbirth to be discrimination based on sex prohibited by the Kansas act against discrimination (see ¶17-2500).

See ¶17-7000 for pregnancy/maternity leave provisions.

DEFINITIONS

See ¶17-2500 for definitions that may apply under the Kansas act against discrimination.

COVERAGE

Discrimination in employment on the basis of pregancy and childbirth is prohibited as sex discrimination under the Kansas act against discrimination (Sec. 21-32-6).

WHAT THE EMPLOYER MUST DO

A written or unwritten employment policy or practice that excludes from employment applicants or employees because of pregnancy is prima facie discrimination (Sec. 21-32-6).

Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery from such conditions are, for all job-related purposes, temporary disabilities, and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, must be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities (Sec. 21-32-6).

Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such termination is discriminatory if it has a disparate impact on employees of one sex and is not justified by business necessity (Sec. 21-32-6).

POLICIES

A written or unwritten employment policy or practice that excludes from employment applicants or employees because of pregnancy is prima facie discrimination (Sec. 21-32-6).

Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, must be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities (Sec. 21-32-6).

Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such termination is discriminatory if it has a disparate impact on employees of one sex and is not justified by business necessity (Sec. 21-32-6).

ENFORCEMENT

See ¶17-2500 for enforcement provisions of the Kansas act against discrimination.

WHO TO CONTACT

Contact the Human Rights Commission at 851-S Landon State Office Bldg., 900 SW Jackson Street, Topeka, KS 66612-1252. Telephone: (913)296-3206. Fax: (913)296-0589.

PENALTIES

See ¶17-2500 for penalties that may apply under the Kansas act against discrimination.