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What does the
The
mission of the Kansas Human Rights Commission is to prevent and
eliminate
discrimination and assure equal opportunities in all employment
relations, to
eliminate and prevent discrimination, segregation or separation, and
assure
equal opportunities in all places of public accommodations and in
housing.
As
of July 1, 2005, the Commission also accepts, reviews, and
investigates, if
necessary, complaints from any person who believes they have been
subjected to
racial or other profiling by a law enforcement officer or law
enforcement agency
in conjunction with traffic stops.
The
Commission achieves its mission by investigating complaints alleging
discrimination
or profiling, and conducting public education programs designed to
prevent
discrimination.
How
successful is the
Commission?
In
four of the last eight years, the Commission recovered more than
$1,000,000 on
behalf of persons alleging discrimination in the areas of employment,
public
accommodations, and housing. The Commission also resolved in excess of
800
complaints in each of the last eight years. In
2004, the International Association of Official
Human Rights Organizations recognized the Commission as “as one of the
most
successful Civil and Human Rights offices in the nation”.
|
Fiscal
Year |
Number
of Resolved Cases |
Monetary
Recovery Amount |
|
2008 |
820 |
$685,601 |
|
2007 |
1,001 |
$581,018 |
|
2006 |
1,011 |
$927,285 |
|
2005 |
879 |
$993.892 |
|
2004 |
841 |
$1,435,616 |
|
2003 |
966 |
$741,810 |
|
2002 |
888 |
$712,437 |
|
2001 |
975 |
$1,059,066 |
The
above figures do not include the value of positions or other
non-monetary remedies
that may have been obtained by the Commission on behalf of complainants.
What do
Employment and public accommodation complaints must be filed within six months from the last alleged discriminatory act. Housing complaints must be filed within one year of the last date of incident.
Kansas law also prohibits a law enforcement officer or law enforcement agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity in conjunction with traffic stops.
It is the Commission’s position that complaints of racial and other profiling must be filed within six months of the last alleged incident to review and investigate such complaints.
Who can
file a complaint?
Any person who feels they have been discriminated against or denied an equal opportunity in the areas of employment, housing or public accommodations based on race, religion, color, sex, disability, ancestry, national origin, retaliation, age in the employment, familial status in the area of housing only, genetic screening and testing in employment only, and can articulate a prima facie case may file a complaint with the Commission.
Any person who believes they have been subjected to racial or other profiling by a law enforcement officer or law enforcement agency may file a complaint with the Commission.
How do I
file a complaint?
An individual may write, telephone,
e-mail, or
come into one of the Commission's offices to begin the filing process
with the
assistance of one our intake workers. A
complaint may be filed personally or by an attorney.
A complaint alleging discrimination in employment, housing, or public accommodation must be signed and verified before a notary public or other person authorized to administer oaths. A complaint alleging racial or other profiling must be signed, but is not required to be notarized or sworn to by the complainant.
Complaint forms can be obtained at the Kansas Human Rights Commission’s website at www.khrc.net or by calling our complaint intake unit at 1-888-793-6874 or (785) 296-3206.
Will the
Yes, intake workers are available to assist in drafting a complaint based on information provided by the complainant. Intake workers can be reached at 1-888-793-6874 or (785) 296-3206, or an e-mail can be sent to khrc@ink.org.
What happens if my complaint does not fall in
the Commission’s
jurisdiction?
The intake department will refer inquirers to other agencies for issues outside of the Commission’s jurisdiction whenever possible.
Occasionally, employment complaints
will fall
outside the six-month time limitation set by the State of
After I
file a complaint with the Commission, what is the next step?
The Commission offers a voluntary third-party mediation program statewide through Kansas Legal Services to allow parties to mediate and resolve their controversies. From July 1, 2007 – June 30, 2008, 128 complaints went through the mediation process, with 71 complaints resulting in some type of settlement. These settlements totaled $404,130 for complainants alleging discrimination. These figures do not include the value of positions, promotions, or other non-monetary remedies that may have been obtained by complainants.
What happens if mediation is not selected or
if
mediation fails?
When mediation services are not selected by either party or when mediation services fail, a complaint may be sent for full investigation.
During a full investigation, a field investigator will interview the complainant, review relevant documents, conduct interviews with witnesses, and summarize the case for the investigating commissioner. The investigator's role is that of a fact finder. The investigator does not determine the outcome of the case, but rather gathers and presents the facts to a commissioner for determination. Information is gathered in an objective and impartial manner. All information discovered throughout the course of the investigation of an employment, housing, or public accommodation case is confidential. Information gathered in a racial and other profiling case is not considered confidential.
Depending upon the information obtained during the investigative process, the investigating commissioner makes a determination of either "Probable Cause" or "No Probable Cause".
If the Commission finds "Probable Cause” in an employment, housing, or public accommodation complaint, then an attempt will be made to reach a written settlement between the complainant and the respondent. If conciliation efforts fail for an employment, housing, or public accommodation complaint, the case may be scheduled for a public hearing.
In a racial or other profiling case, the Commission is required to consult with the head of the law enforcement agency before making final recommendations regarding discipline of any law enforcement officer or other disposition of the complaint.
What do I do if I have more questions?
Contact
us at:
900
S.W. Jackson,
(785) 296-3206
1-888-793-6874
E-mail: khrc@ink.org
Website: www.khrc.net