Reproduced
with permission from the Publications section
of the Kansas Department on Aging web site, http://www.agingkansas.org/kdoa.
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.
Age
Discrimination On The Job Is Against The Law
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.
Does
Kansas have an Act Against Discrimination in Employment?
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
How
do I report age discrimination?
If you believe you have a valid complaint, you
should take the following steps:
Can
I sue my employer?
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.
Federal
Programs Cannot Discriminate on the Basis of Age
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.
How do I report discrimination of this type?
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.
Do I have a right to sue?
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
Victims`
Rights
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.
Nursing Home Residents
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:
