Religious Discrimination Law Summaries
Kansas, Religious Discrimination Law Summaries
Kansas' statutory provisions dealing with religious discrimination in employment are located in the Kansas Act Against Discrimination (Kansas Statutes Annotated, Chapter 44, Article 10 -reported at ¶17-2500), and in the state's civil service law (Kansas Statutes Annotated, Chapter 75, Article 29), the relevant portions of which are summarized below. However, see ¶17-2500 for any provisions that may apply under the Kansas Act Against Discrimination.
C0VERAGE
Kansas' civil service law prohibits religious discrimination in state employment.
WHAT THE EMPLOYER MUST DO
Public employers.- All personnel administration actions regarding employees in the state classified service must be made without regard to religion (Sec. 75-2925, as amended by Ch. 213, L. 1995).
No permanent employee in the classified service may be dismissed, demoted or suspended for religious reasons (Sec. 75-2949).
No discrimination may be exercised, threatened, or promised, by any person in the civil service against or in favor of any applicant, eligible, or employee in the civil service because of religious opinions or affiliations (Sec. 75-2941).
Retaliation.- No employee may be disciplined or discriminated against in any way because of the employee's proper use of the appeal procedure (Sec. 75-2949).
NOTICE
Following an employee's response to the opportunity to reply to a proposed suspension, demotion or dismissal, or upon expiration of the time for such reply, if no reply is made, the appointing authority, or the designee of the appointing authority, must notify the employee of the final decision on the proposed action. This notice must inform the employee of the employee's right to appeal the decision to the State Civil Service Board within 30 calendar days after the effective date of the action (Sec. 75-2949).
ENFORCEMENT
Complaint.- The appointing authority must offer an employee who is proposed to be suspended, demoted or dismissed an opportunity to reply in writing, or appear in person, or both, before the appointing authority or a designated representative of the appointing authority prior to the time such suspension, demotion or dismissal is specified to become effective (Sec. 75-2949).
Following the employee's response to the opportunity to reply to the proposed action, or upon expiration of the time for such reply, if no reply is made, the appointing authority, or the designee of the appointing authority, must notify the employee of the final decision on the proposed action. This notice must inform the employee of the employee's right to appeal the decision to the State Civil Service Board within 30 calendar days after the effective date of the action (Sec. 75-2949).
Hearing.- Any permanent employee finally dismissed, demoted or suspended, may request in writing a hearing from the State Civil Service Board to determine the reasonableness of such action. Each such request must be submitted to the Director of Personnel Services within 30 calendar days after the effective date of the action. The board must grant the employee a hearing within 45 calendar days after receipt of such request. At the hearing, the burden of proof is upon the employee to establish that the appointing authority did not act reasonably in taking such action (Sec. 75-2949).
PENALTIES
Any person who willfully violates any provisions of the state's civil service law or rules is guilty of a misdemeanor, and will upon conviction be punished by a fine of not to exceed $500, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment (Sec. 75-2957).
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