Kansas Department of Administration

Bulletin 24-02 - Disability Hiring Preference

1.0 - SUBJECT:  Disability Hiring Preference

2.0 - EFFECTIVE DATE:   July 1, 2024

3.0 - DISTRIBUTION:  State of Kansas HR Directors & Managers

4.0 - FROM:  Kraig Knowlton, Deputy Secretary of Management & Director of Personnel Services   
        DATE: July 1, 2024

5.0 - PURPOSE: 2024 Senate Bill 333 creates an employment preference for qualified job applicants that have physical, cognitive and/or mental disabilities when applying for state jobs.  The preference is available to individuals who are not currently working for the State of Kansas who apply for a State job, as well as to current State employees who apply for a different job or promotion and applies to all positions in the Executive Branch of State government unless specifically listed below.  This Bulletin is being issued to establish guidelines and clarify expectations regarding the administration of this newly authorized statutory preference which takes effect on July 1, 2024.


6.1 - “Disability” means a physical or mental impairment that substantially limits one or more major life activities of an individual.

6.2 - “Major life activities” includes, but is not limited to, the activities of caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. "Major life activities" also includes the operation of major bodily functions, including, but not limited to, the immune system, normal cell growth, digestive system, bowel, bladder, neurological system, brain, respiratory system, circulatory system, endocrine system and reproductive system.

6.3 - “Reasonable accommodation” means:

a)  Making existing facilities used by employees readily accessible and usable by individuals with disabilities; and

b)  Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters or other similar accommodations for individuals with disabilities.

6.4 - For the purposes of the Disability Hiring Preference, “state government” means any department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches of state government and political subdivisions of the state.


7.1 - All job postings and application forms for eligible positions are required to state that the position is subject to the Disability Hiring Preference and contain the link to the following page that explains the preference and how applicants with disabilities may take advantage of the preference.  Disability Hiring Preference | Kansas Department of Administration (ks.gov)

a)  The following positions are not subject to the provisions of the Disability Hiring Preference: positions filled by elected officers or vacancies in such elected offices, personal secretaries of such officers, members of boards and commissions, persons employed on a temporary basis, positions held by patients in state institutions, inmates in the custody of the Secretary of Corrections, students enrolled at a state educational institution, heads of departments, positions that require licensure as a physician, and positions that require that the employee be admitted to practice law in Kansas. 

7.2 - When a person wishes to apply for a job and utilize this preference, they should first complete and submit a State of Kansas application along with any other information requested in the job announcement for the position.  This information is submitted to the hiring agency.

7.3 - In order to utilize this preference, the person must submit documentation to show their eligibility for this preference to the Office of Personnel Services (OPS) in the Kansas Department of Administration – not to the hiring agency.

7.4 - Documentation that will be accepted to show that an applicant has a physical, cognitive and/or mental disability includes any of the following:

a)  Supplemental security income or social security disability insurance determination letter;

b)  Letter from a managed care organization or a qualified medical professional attesting to the disability;

c)  Home and community-based services waiver approval letter; or

d)  Vocational rehabilitation letter from a vocational rehabilitation counselor.

7.5 - These documents can be sent by fax to (785) 296-7712, scanned and emailed to Gustavo.Victoriano@ks.gov, or can be mailed or delivered in-person to:

ATTN: Disability Hiring Preference Coordinator
Office of Personnel Services
Landon State Office Building
900 SW Jackson, Rm 401
Topeka, KS 66612

7.6 - This information should be submitted to OPS no later than the closing date indicated in the job announcement for the position. 

a)  Applicants who are unable to provide the information prior to the closing date should contact the program coordinator and exceptions may be allowed, depending on the circumstances.

7.7 - This preference is completely voluntary, so each applicant can choose to use the preference or not.  Because of this, the information listed above is requested on a voluntary basis for the sole purpose of verifying eligibility for this preference, so failure or refusal to send it will not subject the applicant to any adverse outcome, but the applicant will not be able to use the preference. 

7.8 - All information submitted to show eligibility for this preference will be kept confidential according to the Americans with Disabilities Act of 1990 (ADA) and will be used solely for the purposes of this preference, in accordance with the ADA.

7.9 - Any individual who previously submitted such documentation who wishes to discontinue their voluntary disclosure of disability and eligibility for this preference should contact the program coordinator. 

7.10 - Anyone wishing to use this preference will only have to submit this additional information one time. If verified, they will be eligible for the preference for all future applications for eligible positions in Executive Branch State agencies.

7.11 - Any applicant who has applied for an open position who is qualified, with or without a reasonable accommodation, to meet the performance standards of the position and who has presented proof of disability as referenced above shall be offered an interview for the position. 

7.12 - In any reduction in personnel by the state government, employees who are persons with disabilities shall be retained in preference to all other employees in the same job classification or job title with equal qualifications, seniority, status and performance reviews.

a) A person with a disability has the right to not disclose that person's disability at the time of hire but may not assert a right to a retention preference at a later date unless the disability is disclosed prior to the announcement of a reduction in personnel. 

b) Such a disclosure, if not made during the application process, may be made to the state government human resources office where the employee is employed and shall remain confidential unless disclosure is required for the provision of a reasonable accommodation for the person with a disability or otherwise for emergency preparedness planning.


8.1 - All job postings for positions subject to the Disability Hiring Preference must include the following information, which will be incorporated into the posting templates in Careers:

How to Claim Disability Hiring Preference

Applicants that have physical, cognitive and/or mental disabilities may claim an employment preference when applying for positions. If they are qualified to meet the performance standards of the position, with or without a reasonable accommodation, they will receive an interview for the position. The preference does not guarantee an applicant the job, as positions are filled with the best qualified candidate as determined by the hiring manager.

Learn more about claiming Disability Hiring Preference at the following link: Disability Hiring Preference | Kansas Department of Administration (ks.gov)

8.2 - The Applicant Summary report located on the ‘Reports & Analysis’ tile in Recruiting is available to assist agencies in identifying candidates that should be provided an interview if they meet the qualifications for the job for which they are applying and choose to use the preference.

8.3 - The Applicant Summary report should be generated prior to selection of the final group of candidates who will be offered an interview for any job opening subject to either the Disability Hiring Preference or Veteran’s Preference.

8.4 - If an applicant has presented proof of disability required for the Disability Hiring Preference or has been verified as a veteran qualified for Veteran’s Preference, the Applicant Summary report will display the words “Interview Required” in the report column labeled “Interview Status.”

8.5 - Any applicant with “Interview Required” in the “Interview Status” column must be offered an interview for the position if they are qualified, with or without a reasonable accommodation, to meet the performance standards of the position.

8.6 - In the event that agencies have multiple qualified applicants exercising preferences and they are equally qualified as the top candidates for the position, please contact the OPS to determine the appropriate prioritization of the candidates.

9.0 - REFERENCES:  2024 Senate Bill 333, K.S.A. 73-201

10.0 - CONTACT PERSONS:     

For General Policy Questions & Questions Regarding Submission
of Proof:

Gustavo  Victoriano, HR Professional
(785) 296-4739

For SHARP Questions

Michael Phillips, HR Professional
(785) 296-4710


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