Your Rights
Your Rights
The Americans with Disabilities Act (ADA) and the Kansas Act Against Discrimination prohibit discrimination against persons with disabilities and allow persons who have been discriminated against to file complaints under the acts.
Under the ADA, an individual is considered to have a disability if that person either (1) has a physical or mental impairment that substantially limits one or more of that person's major life activities; (2) has a record of such an impairment; or (3) is regarded by the covered entity as having such an impairment. Major life activities include activities such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Title I prohibits private employers, state and local governments and others from discriminating against qualified individuals with disabilities in job application procedures, hiring, advancement, compensation, job training, etc. Title II prohibits state and local governments from discriminating against qualified individuals with disabilities in providing their services, programs or activities. Governments or government-funded entities must make their offices, programs and services accessible to a disabled person in a form they can use, such as by interpreter or in large print, audio tape or braille.
Title III covers public accommodations and prohibits restaurants, hotels, theaters, shopping centers and malls, retail stores, museums, libraries, parks and other similar places from discriminating. Title III organizations must make their facilities physically accessible where readily achievable and allow these services to be used by persons with disabilities. If you are blind, you can expect menus, price tags and signs to be read to you or available on tape or with braille print. Most parts of this act went into effect in 1992.
Title IV covers telecommunications. In Kansas, the State Relay Center allows persons using TTYs to communicate with those who do not have a TTY. The relay center can be contacted at (800) 766-3777. The Kansas Relay Center can be used as long as one of the parties is in Kansas.
If you feel you have been discriminated against by a government agency or service or one funded by government money or under the public accommodation or employment titles, you can receive advice and representation from the Senior Citizen Law Project for your area.
Workers age 40 and over have protection against job discrimination based solely on age. If you think you may have been the victim of some form of age discrimination in employment, whether in hiring, wages, promotion, training, layoffs, harassment or any other working condition, you should know about the protection you have under the federal Age Discrimination in Employment Act. The act applies to employers of 15 employees or more, and it covers private businesses, units of government, unions and employment agencies.
In certain situations, courts have recognized that age can be a "bona fide occupational qualification." This means that in certain occupations, usually involving public safety, age can be used as a reason for disqualification.
There are also certain federal occupations not covered by the Act and a number of exceptions to the general rule against discrimination. Because of the technical nature of this Act, it is best to consult an attorney to be sure you do not lose any of your rights.
The Kansas Age Discrimination in Employment Act applies to employers
with four or more employees and protects those persons ages 18 and older
from age discrimination. Employers with fewer than four employees do not
fall under Kansas or federal law.
The Kansas Human Rights Commission investigates all complaints. Further
information is available by calling or writing the Commission at:
Kansas Human Rights Commission
Landon Office Building
900 SW Jackson, Suite 851-S
Topeka, KS 66612-1285
Phone: (785) 296-3206
If you believe you have a valid complaint, you should take the following steps:
Before an individual can file a civil action, that person must file a charge of discrimination with the EEOC and/or KHRC. This must be done within six months from the last day of the incidence. The charge will be investigated, and the investigating agency will try to negotiate a solution. If this fails, the individual may sue in civil court.
The Age Discrimination Act prohibits age discrimination in programs and activities receiving federal financial assistance. The Act would apply, for example, to hospitals, nursing homes, day care centers and other social service providers. It is illegal for persons to be excluded from participation in, to be denied the benefits of, or to be subjected to discrimination in these programs and activities because of age.
The Age Discrimination Act applies to all ages. If a program is by law specifically designed for a particular age group, then those age restrictions would not be prohibited.
If you believe a program has discriminated against you based on age, you should file a complaint with the program, the Department of Health and Human Services (HHS) and the Attorney General. This notice must state what violation occurred, when it occurred and what remedy you would like. No money damages are available.
Yes, but you may not file a lawsuit until the Attorney General, Department of HHS and the program itself have determined whether age discrimination occurred, or until 180 days have passed without any decision.
Where can I get more information?
U.S. Dept. of Health & Human Services
Office of Civil Rights
601 E. 12th St., Room 248
Kansas City, MO 64106
Phone: (816) 329-2965;
TTY: (816) 426-7065
According to the Kansas Constitution, victims of crime, as defined by
law, are entitled to certain basic rights, including the right to be informed
and to be present at public hearings of the criminal justice process,
and to be heard at sentencing or at any other time deemed appropriate
by the court, to the extent that these rights do not interfere with the
constitutional or statutory rights of the accused.
For more information about victims' rights, contact your county or district
attorney's office, the Crime Victims Information and Referral hotline
at (800) 828-9745, or Victim's Bill of Rights, K.S.A. 74-7333.
Residents of nursing homes continue to have their entire constitutional, civil and contractual rights guaranteed. In fact, there are federal and state regulations that require all nursing homes to guarantee and communicate certain resident rights in order to be licensed to operate or to receive Medicare and Medicaid payments. Nursing homes are required to list resident rights and must provide all new residents a copy of these rights. Generally resident rights include:
If you, your family or friends have a complaint about the health, safety,
sanitation, nutrition or care of a resident of a nursing home, call (800)
842-0078 or write the Complaint Coordinator at the Kansas Department of
Health and Environment, Curtis State Office Building, 1000 S.W. Jackson,
Topeka, Kansas 66612-1365. For questions about resident rights, administrative
or agency actions that negatively impact a resident of a nursing home,
call the Long-Term Care Ombudsman. the toll-free number is (877) 662-8362.
In Topeka, call (785) 296-3017.