Whistleblower Protection Law Summaries
Kansas, Whistleblower Protection Law Summaries
Kansas' whistleblower provisions are in the Kansas Statutes Annotated, Sec. 38-1525, 39-1403(b), 44-615, 44-1009(4), 44-1113(5), 75-2973.
DEFINITIONS
“Prohibited acts:” No employer may terminate the employment of, prevent, or impair the practice or occupation of or impose any other sanction on any employee because the employee made an oral or written report to, or cooperated with an investigation by a law enforcement agency or the department of social and rehabilitation services relating to injury inflicted upon a child suspected by the employee of having resulted from the physical, mental, or emotional abuse or neglect or sexual abuse of the child (Sec. 38-1525(a)).
No employer may terminate the employment of, prevent, or impair the practice or occupation of or impose any other sanction on any employee solely because such employee made a report of abuse neglect, or exploitation of persons protected under Sec. 39-1401 (Sec. 39-1403(b)).
It is unlawful for any person, firm, or corporation to discharge any employee or to discriminate in any way against any employee because such employee may testify as a witness before the Secretary of Human Resources, or may sign any complaint, or bring to attention of the Secretary any matter of controversy between employers and employees as provided under Article 6 (Regulation of Labor and Industry) (Sec. 44-615).
It is an unlawful employment practice for any employer, employment agency, or labor organization to discharge, expel or otherwise discriminate against any persons because such person has opposed practices forbidden under Article 10 (Kansas Acts Against Discrimination) or because such person has filed a complaint, testified, or assisted in any proceeding under the Act (Sec. 44-1009(4), as amended by S. 22, L. 1999, effective upon publication in the statute book).
Employers, employment agencies, or labor organizations may not discharge, expel or otherwise discriminate against any persons because such person has opposed practices forbidden under Kansas Age Discrimination in Employment Act or because such person has filed a complaint, testified, or assisted in any proceeding under the Act (Sec. 44-1113(5)).
Under the Kansas Whistleblower Act, no supervisor or appointing authority of any state agency may prohibit any employee of the state agency from discussing the operations of the state agency or other matters of public concern, including matters relating to the public health, safety and welfare, either specifically or generally, with any member of the legislature or any auditing agency (Sec. 75-2973(c), as amended by S. 428, L. 1997). No supervisor or appointing authority may prohibit any employee of the state agency from reporting violations of state or federal laws or rules and regulations to any person, agency, or organization, or require any such employee to give notice to the supervisor or appointing authority prior to making such report (Sec. 75-2973(d), as amended by S. 428, L. 1997).
COVERAGE
“Employers” are covered under Sec. 38-1525 prohibitions. “Employers” are not defined under this section, but presumably include all employers.
“Employers” are covered under Sec. 39-1403(b) prohibitions. “Employers” are not defined under this section, but presumably include all employers.
“Any person,” “firm” , or “corporation” is covered under Sec. 44-615 prohibitions.
“Employer” covered under Sec. 44-1009(4) includes any persons in the state employing four or more persons and any person acting directly or indirectly for such a person, and includes the state of Kansas and all its political and municipal subdivisions, but does not include nonprofit fraternal or social association or corporation (Sec. 44-1002(b), as amended by S. 22, L. 1999, effective upon publication in the statute book).
“Employer” covered under Sec. 44-1113(5) includes any person in the state employing four or more persons and any person acting directly or indirectly for such a person and includes the state and all its political subdivisions (Sec. 44-1112(d)).
“Supervisors” or “appointing authority ” of any state agency is covered under Sec. 75-2973 (Kansas Whistleblower Act). Prohibitions under Sec. 75-2973 (Kansas Whistleblower Act) protect only state agency workers.
EXCEPTIONS
Prohibited acts under Sec. 75-2973 (Kansas Whistleblower Act) do not include disciplinary actions of an employee who disclosed information which (Sec. 75-2973, as amended by S. 428, L. 1997):
the employee knows to be false or which the employee discloses with reckless disregard for its truth or falsity,
the employee knows to be exempt from required disclosure under the open records act, or
is confidential or privileged under statute or court rule.
PROCEDURES
Any person aggrieved by an alleged unlawful employment practice under Sec. 44-1009(4) may file a verified complaint with the Kansas Human Rights Commission. The Commission must within seven days of receipt provide copies of the complaint to the parties and then promptly investigate the alleged violations. If the commissioner determines that there is probable cause for the existence of violations, the Commission must try to eliminate the unlawful practice by conference and conciliation. If informal methods fail, the Commission may conduct a formal hearing (Sec. 44-1005). Any person dissatisfied with the Commission's order or decision may petition for reconsideration (Sec. 44-1010). The final decision of the Commission is also subject to judicial review (Sec. 44-1011).
Any person aggrieved by an alleged unlawful employment practice under Sec. 44-1113(5) may file a complaint with the Kansas Human Rights Commission. The procedure is the same as the one specified for alleged unlawful employment practice under Sec. 44-1003(4).
Any officer or employee of a state agency who is in the classified service and has permanent status under the Kansas Civil Service Act may appeal to the State Civil Service Board whenever the officer or employee alleges that disciplinary action was taken against the officer or employee in violation of the Kansas Whistleblower Act. The appeal must be filed within 90 days after the alleged disciplinary action. If the board finds that the disciplinary action was unreasonable, then it must modify or reverse the agency's action and order all relief for the employee the board considers appropriate. It may also impose penalties (Sec. 75-2973, as amended by S. 428, L. 1997). Any aggrieved employee may also bring an action within 90 days after the occurrence of the alleged violation (Sec. 75-2973, as amended by S. 428, L. 1997).
WHAT THE EMPLOYER MUST DO
No employer may terminate the employment of, prevent, or impair the practice or occupation of or impose any other sanction on any employee because the employee made an oral or written report to, or cooperated with an investigation by a law enforcement agency or the department of social and rehabilitation services relating to injury inflicted upon a child suspected by the employee of having resulted from the physical, mental, or emotional abuse or neglect or sexual abuse of the child (Sec. 38-1525(a)).
No employer may terminate the employment of, prevent, or impair the practice or occupation of or impose any other sanction on any employee solely because such employee made a report of abuse neglect, or exploitation of persons protected under Sec. 39-1401 (Sec. 39-1403(b)).
Fair employment practices.- It is unlawful for any person, firm, or corporation to discharge any employee or to discriminate in any way against any employee because such employee may testify as a witness before the Secretary of Human Resources, or may sign any complaint, or bring to attention of the Secretary any matter of controversy between employers and employees as provided under Article 6 (Regulation of Labor and Industry) (Sec. 44-615).
It is an unlawful employment practice for any employer, employment agency, or labor organization to discharge, expel or otherwise discriminate against any persons because such person has opposed practices forbidden under Article 10 (Kansas Acts Against Discrimination) or because such person has filed a complaint, testified, or assisted in any proceeding under the Act (Sec. 44-1009(4), as amended by S. 22, L. 1999, effective upon publication in the statute book).
Employers, employment agencies, or labor organizations may not discharge, expel or otherwise discriminate against any persons because such person has opposed practices forbidden under Kansas Age Discrimination in Employment Act or because such person has filed a complaint, testified, or assisted in any proceeding under the Act (Sec. 44-1113(5)).
No supervisor or appointing authority of any state agency may prohibit any employee of the state agency from discussing the operations of the state agency or other matters of public concern, including matters relating to the public health, safety and welfare, either specifically or generally, with the members of the state legislature or any auditing agency (Sec. 75-2973(c), as amended by S. 428, L. 1997). No supervisor or appointing authority may prohibit any employee of the state agency from reporting violations of state or federal laws or rules and regulations to any person, agency, or organization, or require any such employee to give notice to the supervisor or appointing authority prior to making such report (Sec. 75-2973(d), as amended by S. 428, L. 1997).
ENFORCEMENT
No state agencies are specifically entrusted with enforcing the provisions of Sec. 38-1525 or Sec. 39-1403(b). The Secretary of Human Resources is entrusted with enforcing the prohibitions under Sec. 44-615. The Kansas Human Rights Commission has the initial authority to enforce the prohibitions under Sec. 44-1009(4) and Sec. 44-1113(5). The Kansas Civil Service Board is entreated with the enforcement of Sec. 75-2973 prohibitions.
WHO TO CONTACT
No state agencies are specifically entrusted with enforcing the provisions of Sec. 38-1525 or Sec. 39-1403(b). The Secretary of Human Resources is entrusted with enforcing the prohibitions under Sec. 44-615. The Kansas Human Rights Commission has the initial authority to enforce the prohibitions under Sec. 44-1009(4) and Sec. 44-1113(5). The Kansas Civil Service Board is entrusted with the enforcement Sec. 75-2973 prohibitions.
POSTING
Any employer covered under Sec. 44-1009 and Sec. 44-1113 must keep posted in a conspicuous place a notice or notices to be prepared by the Human Rights Commission (Sec. 44-1012, 44-1114).
Each state agency must prominently post a copy of the Kansas Whistleblower Act in locations where it can be reasonably expected to come to the attention of all employees of the state agency (Sec. 75-2973(g), as amended by S. 428, L. 1997).
PENALTIES
Sec. 38-1525 violations are class B misdemeanors.
Any person willfully violating Sec. 44-615 or any valid order of the Secretary of Human Resources is deemed guilty of a misdemeanor, and upon conviction is punished by a fine not to exceed $1,000 or by imprisonment not to exceed one year, or both (Sec. 44-618).
Any person who willfully resists, prevents, impedes, or interferes with the Human Right Commission, or willfully violates the order of the Commission is guilty of a misdemeanor subject to imprisonment not to exceed to one year or fine not to exceed $500, or both (Sec. 44-1013, 44-1117).
For violating the Kansas Whistleblower Act, the State Civil Service Board may impose suspension without pay. In case of willful violations, the board may disqualify the violator for appointments to or employment as a state officer or employee for a period not to exceed two years (Sec. 75-2973(f), as amended by S. 428, L. 1997).
<p>For violating the Kansas Whistleblower Act, the State Civil Service Board may impose suspension without pay.</p>