FEPA Discrimination Charge and Right-to-Sue Procedure — Kansas

FEPA Discrimination Charge and Right-to-Sue Procedure (Kansas)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

To: [CLIENT / FILE]
From: [ATTORNEY NAME]
Re: Eligibility for filing with the Kansas Human Rights Commission
Date: [__/__/____]

1. Threshold Coverage

2. Protected Basis (KAAD — K.S.A. § 44-1009)

☐ Race ☐ Religion ☐ Color ☐ Sex ☐ Disability
☐ National Origin ☐ Ancestry ☐ Retaliation for protected activity
☐ Genetic-information testing (employment only — prohibited)

Age claims: Use KADEA, K.S.A. §§ 44-1111 et seq., or federal ADEA — NOT KAAD.

3. Adverse Employment Action

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay ☐ Harassment / hostile work environment
☐ Failure to accommodate ☐ Constructive discharge ☐ Retaliation
☐ Discipline ☐ Other: [____]

4. Federal Cross-Filing

5. KAAD Process Overview

1. File verified complaint (intake by KHRC Topeka office).
2. Within 7 days, KHRC serves complaint on respondent (§ 44-1005(d)).
3. Commissioner investigates → probable cause / no probable cause determination.
4. If no probable cause: written notice within 10 business days; complainant may seek judicial review.
5. If probable cause: conciliation period of 45 days (§ 44-1005(e)).
6. If conciliation fails: public hearing before KHRC; final order subject to judicial review (§ 44-1011).
7. Note: KAAD does not provide a routine right-to-sue letter analogous to federal practice. A complainant generally cannot file a private KAAD civil action in district court while the KHRC process is ongoing. Some plaintiffs pursue federal Title VII in parallel via the EEOC work-sharing to obtain a private-court path.

6. Strategic Considerations

• The 6-month KAAD window is the shortest in the region — file promptly.
• Cross-filing with EEOC preserves federal path with longer 300-day window.
• KAAD remedies are administrative (back pay capped at 2 years, civil penalty up to $2,000 per violation); federal remedies include compensatory and punitive damages.
• Consider parallel § 1981 race claim in district court for uncapped damages and longer SOL.

7. Recommendation

☐ File KHRC charge (dual-file with EEOC) ☐ EEOC-only ☐ KADEA for age claim
☐ Parallel § 1981 race claim ☐ Decline representation
Notes: [____________________________________________________________]

Part B — Verified Complaint (KHRC Filing)

KANSAS HUMAN RIGHTS COMMISSION
900 SW Jackson, Suite 568-South
Landon Office Building
Topeka, KS 66612-2818
Phone: (785) 296-3206 | Toll-Free: (888) 793-6874 | Fax: (785) 296-0589
Email: [email protected]
Website: http://www.khrc.net

Date of Filing: [__/__/____]
KHRC Docket No. (assigned): [________________________________]
Cross-Filed with EEOC?: ☐ Yes ☐ No EEOC Charge No.: [____]

Complainant Information

Respondent (Employer)

Bases of Discrimination (K.S.A. § 44-1009)

☐ Race [____] ☐ Religion [____] ☐ Color ☐ Sex
☐ Disability (physical or mental) ☐ National Origin [____] ☐ Ancestry
☐ Retaliation for protected activity ☐ Genetic-information testing

Discriminatory Actions

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay ☐ Harassment ☐ Hostile work environment
☐ Failure to accommodate ☐ Constructive discharge
☐ Discipline ☐ Other: [____]

Dates

Prima Facie Case Articulation (required under K.S.A. § 44-1005(a))

I, [COMPLAINANT NAME], articulate a prima facie case of employment discrimination under the Kansas Act Against Discrimination as follows:

1. Protected status: I am [____], a protected basis under K.S.A. § 44-1009(a)(1).

2. Qualifications: I was qualified for my position. I was employed as [POSITION] from [__/__/____] to [__/__/____] and consistently met or exceeded performance expectations, including [____].

3. Adverse employment action: On or about [__/__/____], Respondent [TERMINATED / DEMOTED / FAILED TO PROMOTE / etc.] me.

4. Discriminatory motive / circumstances giving rise to inference of discrimination:
   a. [____________________________________________________________]
   b. [____________________________________________________________]
   c. [____________________________________________________________]

5. Comparators: Similarly situated employees outside my protected class were treated more favorably, including: [____].

6. Pretext: Respondent's stated reason is pretextual because: [____].

Witnesses

Verification (Notarized)

I, [COMPLAINANT NAME], being first duly sworn upon oath, depose and state that I have read the foregoing complaint and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________
Printed Name: [________________________________]

Subscribed and sworn to before me this [____] day of [MONTH], [YEAR].

_________________________________
Notary Public, State of Kansas
My Commission Expires: [__/__/____]

Part C — Election Letter / Federal Right-to-Sue Demand (Pathway to Court)

[LETTERHEAD / DATE]

Kansas Human Rights Commission
900 SW Jackson, Suite 568-South
Topeka, KS 66612-2818

U.S. Equal Employment Opportunity Commission
Kansas City Area Office
400 State Avenue, Suite 905
Kansas City, KS 66101

Re: Election to Terminate Administrative Processing and Request for EEOC Notice of Right to Sue
KHRC Docket No.: [________________________________]
EEOC Charge No.: [________________________________]
Complainant: [________________________________]
Respondent: [________________________________]
Date Charge Filed: [__/__/____]

Dear Commissioners:

The undersigned Complainant respectfully gives notice of the following:

1. KHRC Withdrawal Request. Complainant elects to withdraw the above-referenced KHRC docket so as to pursue the matter in a court of competent jurisdiction. Complainant understands that the Kansas Act Against Discrimination does not provide a routine right-to-sue letter, and that withdrawal of the KHRC complaint may foreclose further administrative relief under KAAD.

2. EEOC Right-to-Sue Request. Pursuant to 29 C.F.R. § 1601.28, Complainant requests that the EEOC issue a Notice of Right to Sue on the cross-filed federal Title VII / ADA / ADEA charge. More than 180 days have elapsed since filing, and the EEOC has not issued a determination.

3. Civil Action. Complainant understands a federal civil action must be filed within ninety (90) days of receipt of the EEOC Notice.

Please forward the EEOC Notice of Right to Sue and KHRC closure documentation by mail and email to the addresses below.

Sincerely,

_________________________________
[COMPLAINANT NAME] / [ATTORNEY NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Part D — Pre-Suit Civil Complaint (Federal Court — Title VII / Parallel KAAD Judicial Review)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

COMPLAINT FOR EMPLOYMENT DISCRIMINATION
(Title VII / ADA / ADEA / KAAD; Jury Trial Demanded)

Plaintiff [NAME], by and through undersigned counsel, alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff is a resident of [COUNTY] County, Kansas.
2. Defendant is [a Kansas corporation / foreign corporation authorized to do business in Kansas] and at all relevant times employed [____] persons.
3. This Court has federal-question jurisdiction under 28 U.S.C. § 1331 and supplemental jurisdiction under 28 U.S.C. § 1367 over the KAAD claim.
4. Venue is proper under 28 U.S.C. § 1391(b).

Administrative Exhaustion

5. On [__/__/____], Plaintiff timely filed a verified KHRC complaint within 6 months of the last discriminatory act pursuant to K.S.A. § 44-1005(i).
6. The complaint was cross-filed with the EEOC (EEOC Charge No. [____]) within 300 days pursuant to the KHRC/EEOC work-sharing agreement.
7. On [__/__/____], the EEOC issued a Notice of Right to Sue, attached as Exhibit A.
8. This action is timely commenced within 90 days of receipt of the Notice.

Factual Allegations

9. Plaintiff was hired by Defendant on [__/__/____] as [POSITION].
10. Plaintiff is a member of a protected class under K.S.A. § 44-1009 and Title VII, specifically [____].
11. Plaintiff was qualified for the position and performed satisfactorily.
12. [Set forth specific discriminatory acts, dates, decision-makers, comparators, pretext evidence.]
13. On or about [__/__/____], Defendant [TERMINATED / DEMOTED / etc.] Plaintiff.
14. Defendant's stated reason was pretextual, as shown by [____].

Count I — Title VII Discrimination (42 U.S.C. § 2000e-2)

15. Plaintiff incorporates the preceding paragraphs.
16. Defendant intentionally discriminated against Plaintiff because of Plaintiff's [protected basis] in violation of Title VII.

Count II — Kansas Act Against Discrimination (K.S.A. § 44-1009)

17. Plaintiff incorporates the preceding paragraphs.
18. Defendant's conduct constitutes an unlawful employment practice under K.S.A. § 44-1009(a)(1).

Count III — Retaliation

19. Plaintiff incorporates the preceding paragraphs.
20. Plaintiff engaged in protected activity by [____].
21. Defendant retaliated in violation of Title VII § 704(a) and K.S.A. § 44-1009(a)(4).

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests:

a. Reinstatement, or in lieu thereof, front pay;
b. Back pay, lost benefits, and pre-judgment interest;
c. Compensatory damages, including emotional distress (Title VII / ADA);
d. Punitive damages subject to Title VII / ADA caps under 42 U.S.C. § 1981a;
e. Reasonable attorney fees and costs (42 U.S.C. § 2000e-5(k); K.S.A. § 44-1005);
f. Such other relief as the Court deems just and equitable.

JURY TRIAL DEMANDED.

Dated: [__/__/____]

Respectfully submitted,

_________________________________
[ATTORNEY NAME], KS Bar No. [____]
[FIRM] | [ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

Part E — Pre-Filing Checklist

Eligibility and Timeliness

☐ Confirmed employer has 4+ employees (K.S.A. § 44-1002(b))
☐ Last discriminatory act within 6 months (KAAD — § 44-1005(i))
☐ Last discriminatory act within 300 days (EEOC backstop)
☐ Identified protected basis under K.S.A. § 44-1009
☐ Confirmed age claims pursued under KADEA / ADEA (NOT KAAD)
☐ Documented adverse employment action
☐ Identified comparator(s) outside protected class

Documentation

☐ Personnel file / performance reviews obtained
☐ Termination / discipline notices preserved
☐ Pay records and W-2s gathered
☐ Witness list with contact information
☐ Comparator evidence preserved
☐ Direct evidence (emails, texts, voicemails, social media) preserved
☐ Mitigation records (job search documentation)

KHRC Charge Preparation

☐ Contacted KHRC intake at (785) 296-3206 or (888) 793-6874
☐ Verified complaint drafted articulating prima facie case (K.S.A. § 44-1005(a))
☐ Bases of discrimination identified
☐ Discriminatory actions identified
☐ Dates verified against documents
☐ EEOC cross-filing election made
☐ Complaint signed and notarized

KHRC Process

☐ Service on respondent within 7 days (§ 44-1005(d)) — confirmed
☐ Cooperated with field investigator
☐ Mediation through Kansas Legal Services considered
☐ Probable-cause determination received
☐ Conciliation engaged (if probable cause) — 45-day window
☐ Public hearing notice (if conciliation fails) calendared

Federal Pathway (if desired)

☐ Election letter withdrawing KHRC complaint filed (if pursuing court)
☐ EEOC RTSL requested under 29 C.F.R. § 1601.28
☐ RTSL received and dated
☐ 90-day federal suit clock calendared

Suit Filing

☐ Forum chosen (federal — D. Kan.; or state — district court of county for KAAD judicial review)
☐ Complaint drafted with administrative-exhaustion allegations
☐ EEOC Notice of Right to Sue attached as exhibit
☐ Pendant KAAD claim under § 1367 (if federal court)
☐ Filing fee paid
☐ Service of process planned per Fed. R. Civ. P. 4 or K.S.A. § 60-303
☐ Jury demand included if desired
☐ Damages calculations (compensatory, punitive — Title VII caps based on employer size)

Sources and References

• Kansas Act Against Discrimination, K.S.A. §§ 44-1001 et seq.: http://www.khrc.net/pdf/kaadtext.pdf
• K.S.A. § 44-1005 (complaint procedure): 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
• Kansas Human Rights Commission: http://www.khrc.net
• KHRC — Filing a Complaint: http://www.khrc.net/complaint.html
• KHRC — Employment FAQ: http://www.khrc.net/faq.html
• KHRC Rules and Regulations: http://www.khrc.net/pdf/RulesAndRegs.pdf
• Kansas Age Discrimination in Employment Act (KADEA): https://ksrevisor.gov/statutes/chapters/ch44/044_011_0011.html
• EEOC Kansas City Area Office: https://www.eeoc.gov/field-office/kansascity/location
• EEOC Public Portal: https://publicportal.eeoc.gov/Portal/Login.aspx
• KHRC Intake Email: [email protected]