Jim Kaup is a Topeka-based attorney who represents
Kansas employees in numerous areas of employment
law.  Centrally based in Topeka, Jim can work with
employees from throughout the state of Kansas but
especially those in such cities as Lawrence, Manhattan,
Topeka, Hutchinson, Emporia, Salina, Wichita, Great
Bend and others.  

Most Kansas employees, whether in Topeka or located
elsewhere throughout the state, are protected under the
following federal employment discrimination laws.

Click here to find out about how to enforce your federal
employment law rights if you have an employment
discrimination matter.

Laws Enforced by EEOC

From the Equal Employment Opportunity Website

Title VII of the Civil Rights Act of 1964 (Title VII)
This law makes it illegal to discriminate against someone
on the basis of race, color, religion, national origin, or
sex. The law also makes it illegal to retaliate against a
person because the person complained about
discrimination, filed a charge of discrimination, or
participated in an employment discrimination
investigation or lawsuit. The law also requires that
employers reasonably accommodate applicants' and
employees' sincerely held religious practices, unless
doing so would impose an undue hardship on the
operation of the employer's business.


The Pregnancy Discrimination Act

This law amended Title VII to make it illegal to
discriminate against a woman because of pregnancy,
childbirth, or a medical condition related to pregnancy
or childbirth. The law also makes it illegal to retaliate
against a person because the person complained about
discrimination, filed a charge of discrimination, or
participated in an employment discrimination
investigation or lawsuit.

The Equal Pay Act of 1963 (EPA)

This law makes it illegal to pay different wages to men
and women if they perform equal work in the same
workplace. The law also makes it illegal to retaliate
against a person because the person complained about
discrimination, filed a charge of discrimination, or
participated in an employment discrimination
investigation or lawsuit.

The Age Discrimination in Employment Act of 1967
(ADEA)

This law protects people who are 40 or older from
discrimination because of age. The law also makes it
illegal to retaliate against a person because the person
complained about discrimination, filed a charge of
discrimination, or participated in an employment
discrimination investigation or lawsuit.


Title I of the Americans with Disabilities Act of 1990
(ADA)

This law makes it illegal to discriminate against a
qualified person with a disability in the private sector
and in state and local governments. The law also makes
it illegal to retaliate against a person because the
person complained about discrimination, filed a charge
of discrimination, or participated in an employment
discrimination investigation or lawsuit. The law also
requires that employers reasonably accommodate the
known physical or mental limitations of an otherwise
qualified individual with a disability who is an applicant
or employee, unless doing so would impose an undue
hardship on the operation of the employer's business.
James Kaup

Kaup Law Office, LC
214 SW 6th Avenue,
Suite 306
Topeka, KS 66603
785-235-1111

Click here to email
Jim
James Kaup
Kaup Law Office, LC
214 SW 6th Avenue, Suite 302
Topeka, KS 66603
785-235-1111
The Kaup Law Office
and
Employment Discrimination Laws
Jim Kaup is a Kansas licensed attorney located in Topeka, Kansas, who works with Kansas
employees throughout the state of Kansas.  He is available to help Kansas employees in
Atchison, Lawrence, Topeka, Manhattan, Emporia, Salina, Hutchinson, Goodland, Great Bend,
Dodge City, and Wichita.  His location in Topeka makes it easy for him to work with employees
in Douglas, Shawnee and Sedgwick counties.  

As the state's Capitol, Jim has access to a wide array of legal materials not generally available
in other parts of the state.  Jim has often worked with legislators in Topeka, and brought cases
to the Kansas Supreme Court and the Kansas Court of Appeals, both in Topeka.

Jim has worked on cases involving race discrimination, gender discrimination, age
discrimination, disability discrimination, hostile work environment and sexual harassment;
Family Medical Leave Act; Fair Labor Standards Act; wrongful termination and discharge;
Kansas contract disputes; Kansas unemployment insurance
Kansas Human  
Rights Commission

Kansas employees are also
protected under state laws
that are enforced by the
Kansas Human Rights
Commission located in
Topeka, Kansas, with
additional offices
throughout Kansas.

If you work for an employer
that has less then 15
employees, then you will
probably have to file any
charge of discrimination
with the Kansas Human
Rights Commission (KHRC).

Click here for information
on the KHRC.
UNDERSTANDING EMPLOYMENT DISCRIMINATION LAW TERMS


•Employer- Anyone who does business within the state and employs four or more persons.

•Pre-employment Inquiry- includes both written and oral questions

•Disparate Treatment or Unequal Treatment- the type of discrimination that may result when
employment inquiries or requirements are not equally applied to all applicants.  For example,
are all applicants in a job category asked the same questions? Are the same standards of
evaluation used for every applicant?

•Disparate Effect or Adverse Impact- the type of discrimination that may result when
employment inquiries or requirements screen out a disproportionate number of applicants on
the basis of race, color, religion, national origin or ancestry, sex, age, or disability, unless
such screening is based upon a valid business necessity, bona fide occupational
qualification, or creates undue hardship for the employer.

•Business Necessity- a job requirement that is necessary for the safe and efficient operation
of the organization.

•Bona Fide Occupational Qualification (BFOQ)- a job requirement that can only be met by
applicants of a particular sex, religion, or national origin or ancestry.

•Undue Hardship- the nature and cost of the accommodation to be made will be considered in
relation to the size, the financial resources, the nature and the structure of the employer's
operation.  An employer must demonstrate undue hardship.