Statute
- Minimum Wage and Maximum Hours Law, Kan. Stat. Ann. § 44-1205 (Discrimination In Payment of Wages)
- Prairie Village Kansas, Code of Ordinances, Article 8, 5-801
Classes Protected
- Sex
- Under the Kansas Act Against Discrimination, race, religion, color, sex, disability, national origin or ancestry of any person
- Under Prairie Village Kansas, Code of Ordinances, Article 8, 5-801, ace, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or military status.
Key Language on Pay Discrimination
- “[N]o employer having employees of both sexes shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate of wages paid to employees of the opposite sex in such establishment for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions[.]”
- It is unlawful for an employer, because of the race, religion, color, sex, disability, national origin or ancestry of any person to discriminate against such person in terms of compensation. This applies to any person in this state employing four or more persons and any person acting directly or indirectly for an employer, labor organizations, nonsectarian corporations, organizations engaged in social service work and the state of Kansas and all political and municipal subdivisions thereof, but shall not include a nonprofit fraternal or social association or corporation.
- Prairie Village: it shall be an unlawful discriminatory practice for an employer, because of the sexual orientation or gender identity of an otherwise qualified individual, to discriminate against such individual in compensation without a valid business necessity.
Exceptions for Pay Disparities (including affirmative defenses)
- Seniority system
- Merit system
- System which measures earnings by quantity or quality of production
- Differential based on a factor other than sex
Anti-Retaliation
- Unlawful for "any employer, employment agency or labor organization to discharge, expel or otherwise discriminate against any person because such person has opposed any practices or acts forbidden under this act or because such person has filed a complaint, testified or assisted in any proceeding under this act."