Printable Format44-1115. Complaint procedure; hearings; orders; rehearing; court review; dismissal of certain complaints, when, procedure and effect. Any person aggrieved by any alleged unlawful employment practice based on age may file a complaint in the manner provided for processing complaints of unlawful employment practices under the Kansas act against discrimination. Reconsideration and judicial review of the commission's decision in the case shall be conducted in the manner provided by K.S.A. 44-1010 and 44-1011, and amendments thereto. Complaints filed with the commission on or after July 1, 1996, may be dismissed by the commission on its own initiative, and shall be dismissed by the commission upon the written request of the complainant, if the commission has not issued a finding of probable cause or no probable cause or taken other administrative action dismissing the complaint within 300 days of the filing of the complaint. Complaints filed with the commission before July 1, 1996, shall be dismissed by the commission upon the written request of the complainant, if the commission has not issued a finding of probable cause or no probable cause or taken other administrative action dismissing the complaint within 300 days of the filing of the complaint. The commission shall mail written notice to all parties of dismissal of a complaint within five days of dismissal. Dismissal of a complaint in accordance with this section shall constitute final action by the commission which shall be deemed to exhaust all administrative remedies under the Kansas age discrimination in employment act for the purpose of allowing subsequent filing of the matter in court by the complainant, without the requirement of filing of a petition for reconsideration pursuant to K.S.A. 44-1010 and amendments thereto. Dismissal of a complaint in accordance with this section shall not be subject to appeal or judicial review by any court under the provisions of K.S.A. 44-1011 and amendments thereto.
History: L. 1983, ch. 164, § 5; L. 1988, ch. 356, § 152; L. 1995, ch. 247, § 3; July 1.
CASE ANNOTATIONS
1. Statute, when read with K.S.A. 44-1010 and 44-1011, vests exclusive jurisdiction of age discrimination claim in district court. Ditch v. Bd. of County Com'rs of County of Shawnee, 650 F. Supp. 1245, 1253 (1986).
2. Employee failed to exhaust administrative remedies prior to bringing age discrimination claim. O'Loughlin v. The Pritchard Corp., 972 F. Supp. 1352, 1361 (1997).
3. Plaintiff alleging discrimination in violation of (KADEA) (K.S.A. 44-1115) must file a charge with state human rights commission. Wallace v. Beech Aircraft Corp., 87 F. Supp. 2d 1138, 1145 (2000).