Kansas Human Rights Commission (KHRC) Charge of Discrimination

CHARGE OF DISCRIMINATION — KANSAS HUMAN RIGHTS COMMISSION

TABLE OF CONTENTS

1. Caption and Filing Information
2. Charging Party Information
3. Respondent Information
4. Dual-Filing Designation
5. Cause(s) of Discrimination
6. Date(s) of Discrimination
7. Statement of Particulars
8. Relief Requested
9. Verification
10. Document Checklist
11. Filing and Submission Instructions
12. Kansas Practice Notes
13. Sources and References

1. CAPTION AND FILING INFORMATION

KANSAS HUMAN RIGHTS COMMISSION

Landon State Office Building

900 SW Jackson Street, Suite 568-S

Topeka, Kansas 66612-1258

Telephone: (785) 296-3206 — Fax: (785) 296-0589

Email: [email protected]

CHARGE OF DISCRIMINATION

Filed pursuant to the Kansas Act Against Discrimination, K.S.A. § 44-1001 et seq.; the Kansas Age Discrimination in Employment Act, K.S.A. § 44-1111 et seq. [if applicable]; and the Kansas Acts Against Discrimination in Housing, K.S.A. § 44-1015 et seq. [if applicable].

2. CHARGING PARTY INFORMATION

3. RESPONDENT INFORMATION

4. DUAL-FILING DESIGNATION

☐ I request that this charge be dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the EEOC-KHRC work-sharing agreement and 29 C.F.R. § 1601.13.

☐ I request that this charge be dual-filed with the U.S. Department of Housing and Urban Development ("HUD") for housing claims under the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

☐ I do not wish for this charge to be dual-filed.

5. CAUSE(S) OF DISCRIMINATION (check all that apply)

KAAD-enumerated classes (K.S.A. § 44-1009):

☐ Race    ☐ Color    ☐ Religion    ☐ Sex (including pregnancy)    ☐ National Origin    ☐ Ancestry    ☐ Disability

Other Kansas / federal bases (preserved through dual-filing):

☐ Age (40+) — ADEA / KADEA    ☐ Sexual Orientation — Title VII Bostock    ☐ Gender Identity — Title VII Bostock    ☐ Genetic Information — GINA    ☐ Pregnancy — Title VII / PWFA    ☐ Equal Pay Act    ☐ Familial Status (housing)    ☐ Retaliation for protected activity

Type of harm alleged:

☐ Failure to hire    ☐ Discharge / termination    ☐ Demotion    ☐ Failure to promote    ☐ Disparate pay    ☐ Hostile work environment    ☐ Failure to accommodate (disability / religion)    ☐ Constructive discharge    ☐ Harassment    ☐ Retaliation    ☐ Other: [_______________]

6. DATE(S) OF DISCRIMINATION

7. STATEMENT OF PARTICULARS

I, [CHARGING PARTY NAME], state the following under oath:

A. Background and Qualification.

7.1. I am [describe protected class status — e.g., a 56-year-old African-American woman; a man with a qualifying disability under the ADA; an individual of (national origin) ancestry]. I was hired by Respondent on [__/__/____] as a [POSITION] at Respondent's [LOCATION] facility.

7.2. Throughout my employment I performed my duties satisfactorily and met or exceeded Respondent's legitimate expectations. My most recent performance review on [__/__/____] rated me as [RATING].

B. Discriminatory Acts.

7.3. Beginning on or about [__/__/____], I was subjected to the following acts of discrimination by [SUPERVISOR / DECISION-MAKER NAME, TITLE]:

• [__/__/____] — [Specific act, what was said or done, who witnessed it].
• [__/__/____] — [Specific act, what was said or done, who witnessed it].
• [__/__/____] — [Specific act, what was said or done, who witnessed it].

7.4. Similarly situated employees outside my protected class(es) were treated more favorably. Specifically, [NAME(S) AND/OR DESCRIPTION OF COMPARATORS] [describe comparator's conduct and how their treatment differed].

C. Internal Complaint and Retaliation (if applicable).

7.5. On [__/__/____], I reported the discrimination to [HR / SUPERVISOR / MANAGEMENT] [in writing / orally]. [Describe Respondent's response or non-response.]

7.6. After my protected activity, Respondent retaliated against me by [adverse action — e.g., terminating my employment on (DATE), reducing my hours, transferring me to a less favorable shift].

D. Adverse Action.

7.7. On [__/__/____], Respondent [discharged / demoted / failed to hire / failed to promote / disciplined] me. The reason given was [stated reason], which I believe to be a pretext because [concrete reasons supporting pretext].

E. Basis for Belief That Discrimination Occurred.

7.8. I believe Respondent's actions were motivated by my [protected class(es)] based on [direct statements; departures from policy; comparator evidence; statistical disparities; pattern of conduct toward others in protected class].

7.9. As a result of Respondent's unlawful conduct, I have suffered lost wages and benefits, emotional distress, humiliation, and damage to my professional reputation.

8. RELIEF REQUESTED

I request that the Kansas Human Rights Commission investigate this charge and provide the following relief, as authorized by K.S.A. § 44-1005:

• ☐ Cease-and-desist order against the unlawful employment practice;
• ☐ Reinstatement to my prior position with full seniority, benefits, and accommodations;
• ☐ Back pay for lost wages and benefits from the date of the adverse action through reinstatement;
• ☐ Damages for pain, suffering, and humiliation under K.S.A. § 44-1005(k) (statutorily capped at $2,000 in administrative orders);
• ☐ Reasonable accommodation for disability or religion;
• ☐ Posting of anti-discrimination notices and policy revisions;
• ☐ Anti-discrimination training for Respondent's managers and human-resources personnel;
• ☐ Conciliation conference to attempt resolution;
• ☐ Right-to-sue notice at the conclusion of the administrative process;
• ☐ Such other and further relief as the Commission deems appropriate.

9. VERIFICATION

STATE OF KANSAS

COUNTY OF [________________________________]

I, [CHARGING PARTY NAME], of lawful age, being first duly sworn upon oath, depose and state: I am the Charging Party in the foregoing Charge of Discrimination; I have read the Charge and the Statement of Particulars; and the matters stated therein are true and correct to the best of my knowledge, information, and belief. I understand that this Charge is filed pursuant to K.S.A. § 44-1005, that knowing falsification is a violation of Kansas law, and that I authorize the Kansas Human Rights Commission to investigate this Charge and to share information with the U.S. Equal Employment Opportunity Commission and other agencies as appropriate.

[________________________________]

[CHARGING PARTY SIGNATURE]

[________________________________]

[CHARGING PARTY PRINTED NAME]

Date: [__/__/____]

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

[________________________________]

Notary Public — State of Kansas

(My Commission Expires: [_______________])

10. DOCUMENT CHECKLIST

Attach copies (not originals) of the following supporting documents, if available:

☐ Resume or job description for the position held

☐ Offer letter and/or employment contract

☐ Performance reviews and commendations

☐ Disciplinary write-ups, performance-improvement plans, or termination notice

☐ Pay stubs or wage statements demonstrating loss

☐ Internal complaint(s) and Respondent's response

☐ Emails, text messages, or social-media posts containing discriminatory statements

☐ Witness statements or contact information for witnesses

☐ Medical records / accommodation requests (disability or religion)

☐ EEO-1 reports or workforce demographic data, if obtainable

☐ Any prior KHRC, EEOC, or HUD charges against Respondent

☐ Photographs, video, or audio recordings (only if lawfully obtained under K.S.A. § 21-6101 et seq.)

11. FILING AND SUBMISSION INSTRUCTIONS

Step 1 — Contact KHRC Intake. Telephone the KHRC Topeka office at (785) 296-3206 or email [email protected] to begin the intake process. Intake staff may assist in drafting the official KHRC complaint form.

Step 2 — Complete and verify. Print this draft, complete every field, sign before a notary public, and obtain notarization. K.S.A. § 44-1005(a) requires verification.

Step 3 — Submit by one of the following methods:

• Email: [email protected] (PDF preferred)
• Fax: (785) 296-0589
• U.S. Mail: Kansas Human Rights Commission, 900 SW Jackson Street, Suite 568-S, Topeka, KS 66612-1258
• In person: Walk-in at the Topeka office, Monday–Friday, business hours (call ahead)

Step 4 — Calendar deadlines. Confirm the six-month KAAD deadline and the 300-day EEOC deadline. Retain a date-stamped copy of the filed charge.

Step 5 — Cooperate with KHRC investigator. After filing, KHRC will assign an investigator who will request a position statement from Respondent, conduct interviews, and may schedule a fact-finding conference or mediation.

Step 6 — Final agency action. KHRC will issue (a) a finding of probable cause and proceed to public hearing, (b) a finding of no probable cause, or (c) a notice of dismissal at Charging Party's request or by automatic dismissal after 300 days under K.S.A. § 44-1005(i). Any of these triggers the right to sue under K.S.A. § 44-1021. Coordinate with EEOC for the federal Notice of Right to Sue, which must be requested for ADEA claims and is automatic at the conclusion of EEOC processing for Title VII / ADA.

12. KANSAS PRACTICE NOTES

• Limitations period — strict. K.S.A. § 44-1005(i) imposes a six-month deadline measured from the last discriminatory act. See Mitchell v. Geo Group, Inc., 49 Kan. App. 2d 1010 (2014). Late charges are dismissed for lack of jurisdiction. Continuing-violation doctrine may extend the deadline for hostile-work-environment claims.
• Verification is jurisdictional. Unverified charges may be deemed not "filed" under K.S.A. § 44-1005(a). Always notarize.
• Prima facie case. The charge must articulate the McDonnell Douglas elements: protected class membership, qualification, adverse action, and inference of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973); Aramburu v. Boeing Co., 112 F.3d 1398 (10th Cir. 1997).
• Scope-of-charge rule. Civil claims later filed in court must be reasonably related to the conduct described in the KHRC / EEOC charge. Smith v. Cheyenne Ret. Inv'rs L.P., 904 F.3d 1159 (10th Cir. 2018). Plead all theories — failure to accommodate, harassment, retaliation — separately.
• Damages limitations. KHRC administrative orders cap pain/suffering/humiliation at $2,000 under K.S.A. § 44-1005(k), and KAAD does NOT permit punitive damages even in court. Aves v. Shah, 258 Kan. 506 (1995). Plead Title VII / § 1981 / ADA / ADEA in parallel for full federal remedies.
• 300-day automatic dismissal. Under K.S.A. § 44-1005(i), if KHRC has not issued a probable-cause determination within 300 days, the charge is automatically dismissed and the complainant may sue in district court within two years.
• Sexual orientation / gender identity. KAAD does not enumerate SO/GI. After Bostock v. Clayton County, 590 U.S. 644 (2020), Title VII reaches SO/GI discrimination as "because of sex," accessible through the dual-filed EEOC charge. Several Kansas municipalities (Lawrence, Topeka, Roeland Park, Prairie Village, Kansas City KS, Wichita) maintain local ordinances expressly covering SO/GI; check the relevant municipal code.
• Public-employee carve-outs. Kansas state and local public employers are subject to KAAD; sovereign immunity is generally waived. Federal employees pursue claims through their agency EEO office, not KHRC.
• Confidentiality. Investigative files are confidential during pendency under K.S.A. § 44-1004; final orders are public.
• Right to representation. Charging parties may be represented by counsel at all stages. K.S.A. § 44-1005 expressly recognizes filing "by attorney."

13. SOURCES AND REFERENCES

• Kansas Human Rights Commission — http://www.khrc.net/
• KHRC Filing a Complaint — http://www.khrc.net/complaint.html
• KHRC Equal Opportunity in Employment — http://www.khrc.net/employment.html
• KHRC Complaint Form 1209 — http://www.khrc.net/pdf/ComplaintForm1209.pdf
• KAAD Statute Book (current text) — http://www.khrc.net/KHRCStatuteBookUpdatedEffective07-2009.pdf
• K.S.A. § 44-1001 et seq. — https://ksrevisor.gov/statutes/chapters/ch44/044_010_0001.html
• K.S.A. § 44-1005 (procedure; deadlines) — 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.A.R. Agency 21 (KHRC regulations) — https://regulations.justia.com/states/kansas/agency-21/
• EEOC State / Local FEPA list — https://www.eeoc.gov/field-office
• 29 C.F.R. § 1601.13 (EEOC dual-filing) — https://www.ecfr.gov/
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)
• National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002)
• Aves ex rel. Aves v. Shah, 258 Kan. 506 (1995)
• Mitchell v. Geo Group, Inc., 49 Kan. App. 2d 1010 (2014)
• Smith v. Cheyenne Ret. Inv'rs L.P., 904 F.3d 1159 (10th Cir. 2018)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The Kansas Human Rights Commission has its own intake forms; this document is a drafting aid and supplemental narrative, not a substitute for the official agency form. An attorney licensed in Kansas should review and customize this document before submission. Statutes, regulations, and agency procedures change; verify all authorities and current contact information at khrc.net before filing.