Employee Privacy: Kansas

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Jason Janoski and Alan L. Rupe, Kutak Rock LLP

Summary

• Kansas recognizes the tort of invasion of privacy. See Common Law Invasion of Privacy.
• An employer may collect and use employees' social security numbers for administrative purposes. See Social Security Number Protection.
• The Kansas Act Regarding Fair Credit Reporting has different provisions than federal law regarding employee reports. See Kansas Act Regarding Fair Credit Reporting.
• An employer may require an applicant to sign a release for obtaining the applicant's criminal history. The employer may then make an employment decision on the criminal history report if trustworthiness or safety is a consideration for the position. See Criminal Record Checks.
• Kansas has no law regulating or restricting the use of drug or alcohol tests in private employment. Drug test results must remain confidential. See Drug and Alcohol Testing.
• There are statutory guidelines that state employers must follow regarding drug and alcohol testing of employees and applicants. See Drug and Alcohol Testing.
• Kansas employers cannot subject an applicant or employee to a genetic test or make any employment decisions based on genetic testing. See Genetic Testing.
• Kansas law requires that at least one party to a telephone or other communication consent to the recording or interception of the communication. See Electronic Monitoring.
• An employee may have a privacy interest in personal calls made at work, especially if the employer did not discourage personal calls. See Electronic Monitoring.
• Video surveillance in a private place is prohibited when done for the purpose of viewing a person's body or undergarments without the person's knowledge or consent. See Video Surveillance.
• An employee has no privacy interest in his work area when the employer invites a search from law enforcement. See Workplace Searches.
• Kansas law requires an employer to provide a service letter to a current or former employee upon demand. See Job References.
• Kansas law prohibits employers from preventing or attempting to prevent a terminated employee from obtaining future employment. See Job References.