Non-discrimination laws exist at the federal and state level in employment, housing, public accommodations, and credit and lending. Depending on the federal judicial circuit, state, and city, those non-discrimination laws may or may not include sexual orientation and gender identity as protected categories. Under Kansas and Missouri state law, there is nothing that currently prohibits discrimination in employment on the basis of sexual orientation or gender identity. Likewise, federal law does not expressly prohibit discrimination on the basis of sexual orientation or gender identity in private employment. (There is pending litigation in several courts which challenges the way these non-discrimination statutes are interpreted in the case of sexual orientation or gender identity discrimination and we may continue to see this area of the law evolve either through court opinions or legislative action.)

Some cities, however, have decided to adopt non-discrimination ordinances applicable within their own municipal boundaries. On May 31, 2018, the Board of Commissioners of the Unified Government of Wyandotte County and Kansas City, Kansas unanimously approved amending non-discrimination ordinances to add gender identity and sexual orientation to the list of protected categories in relation to practices in employment, housing, and public accommodations.

Kansas City, Kansas and Wyandotte County join Roeland Park, Lawrence, and Manhattan in the class of local Kansas jurisdictions to adopt non-discrimination ordinances that protect LGBTQ individuals from employment discrimination related to sexual orientation and gender identity. Kansas City, Missouri also has a similar ordinance. Employers in these jurisdictions should understand what those local ordinances mean to them and educate their management teams and workforce accordingly.

In addition to legislative changes, many companies are choosing to implement non-discrimination hiring and employment policies and practices. If your business is considering reviewing and possibly revising your hiring, employment, and benefit practices, Martin Pringle’s experienced employment law attorneys are available to answer any questions you may have.