Kansas Civil Rights Complaint (KAAD + Federal Parallel Counts)

CIVIL RIGHTS COMPLAINT — KANSAS ACT AGAINST DISCRIMINATION AND PARALLEL FEDERAL COUNTS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — KAAD Discrimination (K.S.A. § 44-1009)
7. Count II — KAAD Retaliation (K.S.A. § 44-1009(a)(4))
8. Count III — Title VII Discrimination (42 U.S.C. § 2000e-2)
9. Count IV — Title VII Retaliation (42 U.S.C. § 2000e-3)
10. Count V — 42 U.S.C. § 1981 (where applicable)
11. Count VI — ADA / ADEA (where applicable)
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Verification
16. Signature and Service Blocks
17. Certificate of Service
18. Kansas Practice Notes
19. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

CIVIL DIVISION

Case No. [________________________________]

Pursuant to Chapter 60

VERIFIED COMPLAINT FOR EMPLOYMENT DISCRIMINATION AND RETALIATION

(Demand for Jury Trial)

2. INTRODUCTION

This is a civil action brought by Plaintiff [PLAINTIFF NAME] against Defendant [EMPLOYER NAME] for unlawful employment discrimination and retaliation in violation of the Kansas Act Against Discrimination, K.S.A. § 44-1001 et seq. ("KAAD"); Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; [and 42 U.S.C. § 1981 / the Americans with Disabilities Act / the Age Discrimination in Employment Act, as applicable]. Plaintiff seeks back pay, front pay, compensatory damages, punitive damages (under federal counts only), reinstatement, declaratory and injunctive relief, attorney fees, and costs.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a natural person, a resident of [COUNTY] County, Kansas, and was at all relevant times an "employee" of Defendant within the meaning of K.S.A. § 44-1002(c) and 42 U.S.C. § 2000e(f).

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership / sole proprietorship / public entity] organized under the laws of [STATE], with its principal place of business at [ADDRESS], and at all relevant times has employed four (4) or more persons within the meaning of K.S.A. § 44-1002(b) and fifteen (15) or more persons within the meaning of 42 U.S.C. § 2000e(b).

3.3. [Optional individual defendant.] Defendant [INDIVIDUAL DEFENDANT] is a Kansas resident sued in [their individual capacity / official capacity as an agent of Employer] under K.S.A. § 44-1011 (acts of agents).

3.4. Subject-matter jurisdiction. This Court has subject-matter jurisdiction over the KAAD claims under K.S.A. § 44-1021 and Article 3, Section 6 of the Kansas Constitution, and concurrent jurisdiction over the federal civil rights counts under Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990) (state courts have concurrent Title VII jurisdiction).

3.5. Venue. Venue is proper in [COUNTY] County under K.S.A. § 60-604 because the unlawful employment practices alleged herein occurred in [COUNTY] County, and Defendant transacts business there.

3.6. Amount in controversy. The amount in controversy exceeds the jurisdictional minimum of this Court, exclusive of interest and costs.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], Plaintiff timely filed a verified charge of discrimination with the Kansas Human Rights Commission ("KHRC"), Charge No. [________________________________], within six (6) months of the last act of discrimination as required by K.S.A. § 44-1005(i).

4.2. The KHRC charge was dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the EEOC-KHRC work-sharing agreement, EEOC Charge No. [________________________________].

4.3. On [DATE], the KHRC [issued a finding of "no probable cause" / dismissed the charge at Plaintiff's written request / dismissed the charge after 300 days of inaction], satisfying the exhaustion requirement under K.S.A. § 44-1005 and § 44-1021.

4.4. On [DATE], the EEOC issued a Notice of Right to Sue. This Complaint is filed within ninety (90) days of receipt of that notice as required by 42 U.S.C. § 2000e-5(f)(1).

4.5. Plaintiff has fully complied with all conditions precedent to suit.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff is [describe protected status — e.g., a Black woman / a Hispanic male over the age of 50 / an individual with a qualifying disability under the ADA].

5.2. Plaintiff was hired by Defendant on [DATE] as a [POSITION] at Defendant's [LOCATION] facility.

5.3. Throughout Plaintiff's employment, Plaintiff performed the essential functions of the position satisfactorily and met or exceeded Defendant's legitimate expectations, as reflected in [performance reviews / commendations / promotions].

5.4. Beginning on or about [DATE], Plaintiff was subjected to discriminatory treatment by [SUPERVISOR NAME / DECISION-MAKER], including but not limited to:

• [Specific incident #1 — date, conduct, witnesses];
• [Specific incident #2 — date, conduct, witnesses];
• [Specific incident #3 — date, conduct, witnesses].

5.5. Similarly situated employees outside Plaintiff's protected class(es) were treated more favorably in that [describe comparator treatment — e.g., not disciplined for same conduct, given preferred shifts, promoted over Plaintiff].

5.6. On [DATE], Plaintiff complained internally about the discriminatory conduct to [HR / SUPERVISOR / MANAGEMENT] [in writing / verbally]. A copy of any written complaint is [attached as Exhibit D / preserved in Plaintiff's possession].

5.7. Following Plaintiff's protected activity, Defendant retaliated against Plaintiff by [describe adverse action — e.g., disciplinary write-up, demotion, schedule change, termination on (DATE)].

5.8. The reasons proffered by Defendant for the adverse employment action(s) are pretextual, as evidenced by [temporal proximity, comparator evidence, shifting explanations, departures from policy, statistical disparities, direct evidence statements].

5.9. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered lost wages and benefits, emotional distress, loss of professional reputation, and other damages.

6. COUNT I — KAAD DISCRIMINATION (K.S.A. § 44-1009)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.9.

6.2. At all relevant times, Defendant was an "employer" as defined by K.S.A. § 44-1002(b) (four or more employees), and Plaintiff was an "employee" as defined by K.S.A. § 44-1002(c).

6.3. Plaintiff is a member of one or more classes protected by K.S.A. § 44-1009(a)(1), namely [race / religion / color / sex / disability / national origin / ancestry].

6.4. Defendant discriminated against Plaintiff because of Plaintiff's protected status by [refusing to hire / discharging / failing to promote / paying less than / subjecting to a hostile work environment / failing to accommodate] in violation of K.S.A. § 44-1009(a)(1).

6.5. Defendant's conduct was intentional, willful, and undertaken with reckless disregard for Plaintiff's rights under the KAAD.

6.6. Plaintiff has suffered actual damages, including lost wages, lost benefits, and pain, suffering, and humiliation, recoverable under the KAAD.

7. COUNT II — KAAD RETALIATION (K.S.A. § 44-1009(a)(4))

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.6.

7.2. Plaintiff engaged in protected activity by [opposing discriminatory practices / filing an internal complaint / filing a KHRC or EEOC charge / participating in an investigation], conduct protected by K.S.A. § 44-1009(a)(4).

7.3. Defendant knew of Plaintiff's protected activity and thereafter took materially adverse action against Plaintiff, including [describe action].

7.4. There is a causal connection between Plaintiff's protected activity and Defendant's adverse action, as evidenced by temporal proximity and [other indicia of causation].

7.5. As a result, Plaintiff has suffered damages compensable under the KAAD.

8. COUNT III — TITLE VII DISCRIMINATION (42 U.S.C. § 2000e-2)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.5.

8.2. Defendant is an "employer" under 42 U.S.C. § 2000e(b), and Plaintiff is an "employee" under 42 U.S.C. § 2000e(f).

8.3. Defendant discriminated against Plaintiff with respect to the terms, conditions, and privileges of employment because of Plaintiff's [race / color / religion / sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)) / national origin] in violation of 42 U.S.C. § 2000e-2(a).

8.4. Defendant's conduct was undertaken with malice or reckless indifference to Plaintiff's federally protected rights, entitling Plaintiff to compensatory and punitive damages under 42 U.S.C. § 1981a, subject to the statutory caps therein.

9. COUNT IV — TITLE VII RETALIATION (42 U.S.C. § 2000e-3)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 8.4.

9.2. Plaintiff engaged in activity protected by 42 U.S.C. § 2000e-3(a) by opposing practices made unlawful by Title VII and by participating in proceedings under Title VII.

9.3. Defendant retaliated against Plaintiff because of that protected activity by taking actions a reasonable employee would find materially adverse. Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006).

9.4. As a direct and proximate result, Plaintiff has been damaged.

10. COUNT V — 42 U.S.C. § 1981 (where applicable)

10.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 9.4.

10.2. Defendant intentionally discriminated against Plaintiff in the making, performance, modification, and termination of Plaintiff's employment contract on the basis of race, in violation of 42 U.S.C. § 1981.

10.3. Plaintiff is entitled to compensatory and punitive damages without the caps imposed by 42 U.S.C. § 1981a.

11. COUNT VI — ADA / ADEA (where applicable)

11.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 10.3.

11.2. [ADA: Plaintiff is a qualified individual with a disability within the meaning of 42 U.S.C. § 12102 who, with or without reasonable accommodation, can perform the essential functions of the position. Defendant violated 42 U.S.C. § 12112 by (failing to accommodate / discriminating because of disability / retaliating for protected activity).]

11.3. [ADEA: Plaintiff was over the age of forty (40) at all relevant times, and Defendant discriminated against Plaintiff because of age in violation of 29 U.S.C. § 623(a). Defendant's violation was willful, entitling Plaintiff to liquidated damages under 29 U.S.C. § 626(b).]

12. DAMAGES

12.1. Economic damages. Back pay, lost benefits, lost retirement contributions, front pay, and prejudgment interest, in an amount to be proven at trial.

12.2. Compensatory damages (federal counts). Emotional distress, mental anguish, humiliation, loss of enjoyment of life, and damage to professional reputation under 42 U.S.C. § 1981a and § 1981, subject to the caps in § 1981a(b)(3) for Title VII and ADA counts.

12.3. KAAD damages. Actual damages and pain, suffering, and humiliation pursuant to K.S.A. § 44-1005(k); KAAD does NOT permit punitive damages. See Aves ex rel. Aves v. Shah, 258 Kan. 506 (1995).

12.4. Punitive damages (federal counts only). Available under 42 U.S.C. § 1981a (Title VII / ADA, capped) and § 1981 (uncapped) for malicious or recklessly indifferent conduct.

12.5. Attorney fees and costs. Plaintiff is entitled to reasonable attorney fees and costs under 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988(b), and the discretionary fee provisions applicable to KAAD enforcement actions.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant(s) and the following relief:

• A. A declaration that Defendant's conduct violated the KAAD, Title VII, [§ 1981 / ADA / ADEA], and other applicable law;
• B. Permanent injunctive relief enjoining Defendant from further discriminatory or retaliatory conduct and ordering reinstatement of Plaintiff to Plaintiff's prior position with full seniority and benefits, or front pay in lieu thereof;
• C. Back pay, lost benefits, and prejudgment interest in an amount to be proven at trial;
• D. Compensatory damages under federal counts for emotional distress and other non-pecuniary harm;
• E. Punitive damages under federal counts to the maximum extent permitted by 42 U.S.C. § 1981a and § 1981;
• F. KAAD actual damages and pain, suffering, and humiliation damages pursuant to K.S.A. § 44-1005(k);
• G. Liquidated damages under the ADEA, if applicable;
• H. Reasonable attorney fees, expert fees, and costs of suit;
• I. Post-judgment interest at the statutory rate; and
• J. Such other and further relief as the Court deems just and proper.

14. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right, pursuant to K.S.A. § 60-238 and Fed. R. Civ. P. 38 (if filed in or removed to federal court).

15. VERIFICATION

STATE OF KANSAS

COUNTY OF [________________________________]

I, [PLAINTIFF NAME], of lawful age, being first duly sworn upon oath, depose and state: I am the Plaintiff in the above-captioned action; I have read the foregoing Complaint; and the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME], Plaintiff

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Kansas

(My Commission Expires: [_______________])

16. SIGNATURE AND SERVICE BLOCKS

Date: [_______________]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Kansas Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [(___) ___-____]

Facsimile: [(___) ___-____]

Email: [EMAIL]

17. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], the foregoing VERIFIED COMPLAINT was served upon Defendant(s) by [personal service via Sheriff / certified mail, return receipt requested / Kansas e-filing system] in accordance with K.S.A. § 60-303 and § 60-304, addressed to:

[NAME AND ADDRESS OF DEFENDANT / REGISTERED AGENT]

[________________________________]

[ATTORNEY NAME]

18. KANSAS PRACTICE NOTES

• Coverage threshold. KAAD reaches employers with four or more employees per K.S.A. § 44-1002(b); Title VII reaches fifteen or more; ADEA reaches twenty or more; § 1981 has no employer-size threshold. A small employer below Title VII threshold may still be liable under KAAD or § 1981.
• Protected classes — what KAAD does NOT cover. KAAD does not enumerate sexual orientation or gender identity. After Bostock v. Clayton County, 590 U.S. 644 (2020), Title VII prohibits SO/GI discrimination as "because of sex." Several Kansas municipalities (including Lawrence, Topeka, Roeland Park, Prairie Village, Kansas City KS, and Wichita) have local anti-discrimination ordinances covering SO/GI; check the municipal code where the conduct occurred.
• Exhaustion is mandatory. See Van Scoyk v. St. Mary's Assumption Parochial School, 224 Kan. 304 (1978); Sandlin v. Roche Labs., Inc., 268 Kan. 79 (1999). KHRC charge must be filed within six months under K.S.A. § 44-1005(i). Federal counts require an EEOC charge within 300 days because Kansas is a deferral state, and a right-to-sue notice within 90 days of receipt to sue.
• Damages limits under KAAD. The KAAD does NOT permit punitive damages. Pain, suffering, and humiliation in administrative proceedings are capped at $2,000 under K.S.A. § 44-1005(k). Plead Title VII and § 1981 to access compensatory and punitive damages. See Aves v. Shah, 258 Kan. 506 (1995) (no punitives under KAAD).
• Section 1981 advantages. No exhaustion, four-year limitations period under 28 U.S.C. § 1658, and no § 1981a caps on compensatory or punitive damages — but available only for race-based contract claims.
• Forum and removal. Title VII / ADA / § 1981 / ADEA actions may be filed in Kansas state court (concurrent jurisdiction) or U.S. District Court for the District of Kansas. Defendant may remove under 28 U.S.C. §§ 1441, 1446. Kansas state-court procedure follows K.S.A. Chapter 60; federal procedure follows Fed. R. Civ. P.
• Statute of limitations on direct KAAD civil action. Civil enforcement actions under K.S.A. § 44-1021 must be commenced within two (2) years of the commission's final order. The underlying KHRC charge must have been filed within six months of the last discriminatory act.
• Jury rights. KAAD claims tried in state court are entitled to a jury under K.S.A. § 60-238; Title VII and ADA compensatory/punitive damages claims are jury-triable under 42 U.S.C. § 1981a(c).
• Individual liability. KAAD § 44-1011 reaches "agents," but federal courts applying Title VII generally hold individuals not personally liable. Haynes v. Williams, 88 F.3d 898 (10th Cir. 1996). Section 1981 and Kansas common-law claims can reach individuals.

19. SOURCES AND REFERENCES

• K.S.A. § 44-1001 et seq. (KAAD) — https://ksrevisor.gov/statutes/chapters/ch44/044_010_0001.html
• K.S.A. § 44-1005 (Procedure; six-month deadline) — https://ksrevisor.gov/statutes/chapters/ch44/044_010_0005.html
• K.S.A. § 44-1009 (Unlawful employment practices) — https://ksrevisor.gov/statutes/chapters/ch44/044_010_0009.html
• K.S.A. § 44-1011 (Acts of agents) — https://ksrevisor.gov/statutes/chapters/ch44/044_010_0011.html
• K.S.A. § 44-1021 (Judicial review and civil enforcement) — https://ksrevisor.gov/statutes/chapters/ch44/044_010_0044.html
• Kansas Human Rights Commission — http://www.khrc.net/
• KHRC Statute Book — http://www.khrc.net/KHRCStatuteBookUpdatedEffective07-2009.pdf
• Title VII (42 U.S.C. § 2000e) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• 42 U.S.C. § 1981 — https://www.law.cornell.edu/uscode/text/42/1981
• ADA (42 U.S.C. § 12101) — https://www.ada.gov/law-and-regs/ada/
• ADEA (29 U.S.C. § 621) — https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Aves ex rel. Aves v. Shah, 258 Kan. 506 (1995)
• Van Scoyk v. St. Mary's Assumption Parochial Sch., 224 Kan. 304 (1978)
• Sandlin v. Roche Labs., Inc., 268 Kan. 79 (1999)
• Burlington N. & Santa Fe Ry. v. White, 548 U.S. 53 (2006)
• Yellow Freight Sys., Inc. v. Donnelly, 494 U.S. 820 (1990)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Kansas must review and customize this document before filing. Statutes, regulations, and case law change frequently; verify all authorities before use.