Kansas commission to accept 'sex' discrimination complaints inclusive of LGBTQ

The commission cited a recent Supreme Court ruling in making its decision

Published: August 23, 2020 5:16pm

Updated: August 24, 2020 11:53am

The Kansas Human Rights Commission is now accepting discrimination complaints based on an interpretation of the word "sex" as inclusive of LGBTQ discrimination. 

In making the announcement Friday, the commission cited a recent 6-3 Supreme Court ruling that Title VII Civil Rights Act protections against employment discrimination on the basis of sex also apply to transgender and homosexual individuals.

"The Kansas Human Rights (KHRC) Commission Board met Friday to consider the U.S. Supreme Court’s decision in Bostock v. Clayton County and its impact on the KHRC’s interpretation of the Kansas Act Against Discrimination," the commission explained. 

"The U.S. Supreme Court ruling in Bostock determined that Title VII’s 'sex' discrimination prohibition includes employment discrimination on the basis of homosexuality and transgender status. Effective today, the Kansas Human Rights Commission will begin accepting complaints of 'sex' discrimination in employment, housing, and public accommodations wherein allegations include discrimination based on LGBTQ and all derivates of 'sex'" the commission stated.

The polarizing move has been heralded by some, decried by others.

"This is a great day for fairness in Kansas," Equality Kansas Executive Director Thomas Witt said in a statement.

"You’ve shown contempt for Kansans, for their duly elected representatives, and for the law itself," the Family Policy Alliance of Kansas tweeted about the commission's move. "We will work with Kansans every step of the way to help them take back the power you attempted to steal today."

The Supreme Court ruling cited by the Kansas commission faced stiff backlash from some earlier this year, with Family Research Council President Tony Perkins writing that Trump-appointed Supreme Court Justice Neil Gorsuch, who sided with the majority, had "botched" the case and "issued the Roe v. Wade of religious liberty." 

The Associated Press reported that the Kansas commission's decision goes further than the Supreme Court's decision: "But the commission expanded the ruling beyond employment cases, offering protections for people alleging discrimination in housing and public accommodations, such as retail stores and educational institutions. In, Kansas, any business with four or more employees will be covered; the Supreme Court ruling affects businesses with at least 15 employees," the news outlet said.

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