Disability Hiring Preference

DISABILITY HIRING PREFERENCE

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. 

This preference applies to all positions in the Executive Branch of State government except for the following positions: 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.

Anyone who meets the qualifications for the job for which they are applying and chooses to use the preference is guaranteed an interview and to be considered for the job for which they apply.  The preference does not guarantee the applicant a job.

This preference is completely voluntary, so each applicant can choose to use the preference or not. 

If a person wishes to apply for a job and use 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.

In order to use 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. 

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

1. Supplemental security income or social security disability insurance determination letter;

2. Letter from a managed care organization or a qualified medical professional attesting to the disability;

3. Home and community-based services waiver approval letter; or

4. Vocational rehabilitation letter from a vocational rehabilitation counselor.

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

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

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 an applicant to any adverse outcome, but the applicant will not be able to use the preference. 

Once again, the documentation verifying a person’s eligibility for use of this preference should not be sent along with other application materials to the hiring agency but should be sent directly to OPS either by fax, email or post office mail as indicated above.   

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. 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. 

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. 

In addition to a hiring preference, 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 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.  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.

Questions about this program should be directed to Gustavo Victoriano with the Department of Administration, Office of Personnel Services. He can be reached at Gustavo.Victoriano@ks.gov or by phone at (785) 296-4738.