Are sexual orientation and gender identity protected by employment law?

In Kansas, sexual orientation and gender identity are not explicitly protected by employment law. However, the United States Supreme Court has held that discriminating against someone due to their sexual orientation or gender identity is a form of sex discrimination prohibited by the Civil Rights Act of 1964. That means employers in Kansas cannot discriminate against employees or potential employees simply because of their sexual orientation or gender identity. The Kansas Human Rights Commission is also responsible for investigating and prosecuting discrimination claims, including those based on sexual orientation and gender identity. In addition, some local government entities have regulations and ordinances that prohibit discrimination based on sexual orientation and gender identity. The lack of explicit protections for sexual orientation and gender identity in Kansas means it is important for employers to be aware of and attentive to any federal, state, and local legislation and regulations that may prohibit discrimination in the workplace. Employers should also create and enforce policies that protect a diverse and inclusive workplace, including those that are free of discrimination and harassment based on sexual orientation or gender identity.

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