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Notice of prohibited discrimination

It is the policy of the Kansas Judicial Branch (KJB) that all individuals have the right to participate in employment, programs, and activities operated by the KJB regardless of age and perceived or actual race, color, national origin, sex, religion, sexual orientation, gender identity, and disability. As a condition of state and/or federal grant funding, the KJB agrees to comply with the following statutes and regulations and all other regulations implementing the same:

  • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in the delivery of services and which entails taking reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. (42 U.S.C. § 2000d), and the Department of Justice (DOJ) implementing regulations at 28 C.F.R. Part 42, Subpart C;

  • The Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination based on race, color, national origin, religion, or sex in the delivery of services and employment practices (34 U.S.C. § 10228 (c)(1)), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D;

  • Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (29 U.S.C. § 794), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G;

  • Title II of the Americans with disabilities Act of 1990, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (42 U.S.C. § 12132), and the DOJ implementing regulations at 28 C.F.R. Part 35;

  • Title IX of the Education Amendments of 1972, which prohibit discrimination on the basis of sex in educational programs (20 U.S.C. § 1681), and the DOJ implementing regulations at 28 C.F.R. Part 54;

  • The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services (42 U.S.C. § 6102), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart I;

  • Executive Order 13,559, amending Executive Order 13,279, and the DOJ implementing regulation, Partnerships with Faith-Based and Other Neighborhood Organizations 28 C.F.R. pt. 38(prohibiting discrimination in federally assisted social service programs based on religion in the delivery of services or benefits);

  • The Victims of Crime Act (VOCA) of 1984, which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability (34 U.S.C. § 20110(e) et seq.);

  • The Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11131); and

  • Violence Against Women Act (VAWA) of 1994, as amended, 34 U.S.C. § 12291(b)(13) (prohibiting discrimination in programs either funded under the statute or administered by the Office on Violence Against Women, both in employment and in the delivery of services or benefits, based on actual or perceived race, color, national origin, sex, religion, disability, sexual orientation, and gender identity) (referring to the Safe Streets Act for enforcement).

In addition to the protections listed above, these laws prohibit the KJB from retaliating against an individual for acting or participating in action to secure rights protected by these laws.

The KJB administers its personnel system through the Rules Relating to Kansas Court Personnel adopted by the Kansas Supreme Court. These rules prohibit discrimination against, or harassment of, any employee because of race, color, religion, sex, pregnancy, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, genetic information, military or veteran status, political affiliation, or any other protected characteristic. Discrimination, harassment (including sexual harassment), and retaliation are considered conduct detrimental to court service and are prohibited. All hiring must be based on individual merit and qualifications. This policy applies to recruitment, hiring, compensation, promotions, transfers, discipline, demotions, terminations, layoffs, access to benefits, and all other workplace conditions.

How to file a complaint

If anyone believes the KJB has discriminated against an employee, client, a customer or a program participant, or anyone else, and/or if an employee receives a complaint of alleged discrimination, notify the KJB’s complaint coordinator by email or letter:

Kansas Judicial Branch
Civil Rights Liaison: Cris Loomis
Office of Judicial Administration
301 SW 10th Ave.
Topeka, KS 66612
Fax: 785-368-6573
HR@kscourts.org

You may also notify one or both of the following programs:

Kansas Governor’s Grants Program
Civil Rights Liaison: Erica Haas
900 SW Jackson St.
Landon State Office Building, Room 304 North
Topeka, KS 66612
Telephone: 785-291-3205
Fax: 785-291-3204
erica.haas@ks.gov

Office of Justice Programs
Office for Civil Rights
810 7th Street NW
Washington, DC 20531
Telephone: 202-307-0690
Fax: 202-616-9865
TTY: 202-307-2027

If a complaint is filed with the KJB, the civil rights liaison will provide written acknowledgement of receipt, and will notify the charging party of the right to file a complaint with the Kansas Human Rights Commission (KHRC) and/or for employment discrimination claims, the Equal Employment Opportunity Commission (EEOC) and the Office for Civil Rights (OCR). Additionally, the KJB civil rights liaison will advise the charging party that a complaint must be filed with the KHRC and EEOC within either 180 days or one year from the date of the alleged violation, depending on the relevant statute, in order to protect the charging party’s rights.

In addition to giving the charging party information about the right to file a complaint, the KJB civil rights liaison will request the charging party to provide the following information to the KJB:

  • Date of alleged discrimination;

  • Protected class claimed;

  • Written detail of the alleged discrimination;

  • Names of any KJB personnel involved with the alleged discrimination; and

  • A signature attesting to the facts alleged.

Once the KJB civil rights liaison receives the information above, the liaison will refer the complaint in writing to the KHRC, EEOC, and/or the OCR, depending on the nature of the complaint. This referral will be made within ten business days after the complaint is submitted.

Along with referring the complaint, the KJB civil rights liaison will ask the relevant agency/agencies to notify the civil rights liaison of the findings. The KJB will not conduct an independent investigation unless an investigation is required under the Rules Relating to Kansas Court Personnel. The KJB will assist relevant investigative agency or agencies in any investigation upon request.

If after a due process hearing a federal or state court or federal or state administrative agency makes a finding of discrimination on the grounds of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, or any other protected characteristic against the KJB, the KBJ civil rights liaison will forward a copy of the findings to the Kansas Governor’s Grants Program and the OCR.

Public notification

The KJB will make this Non-Discrimination Policy available to all KJB staff and program beneficiaries. The policy will be included with informational materials given to all new KJB staff and will be posted on the KJB’s website (www.kscourts.org).

Required training

KJB staff will be provided training during the new employee onboarding process, and annually thereafter, on the complaint procedures and non-discrimination obligations set forth in this policy. This training will include information about the KJB’s policies prohibiting sexual harassment. The KJB’s Director of Education and Chief Human Resources Officer, or their designees, will provide the training.