LGBTQ+ KNOW YOUR RIGHTS FAQ

Important: This information reflects the law as of May 2026. Laws and policies affecting LGBTQ+ Kansans are rapidly changing, and several recent Kansas laws are currently being challenged in court. For the most up-to-date guidance, consult an attorney or contact the ACLU of Kansas.

While there is still much work to be done to ensure safety and security for LGBTQ+ people in Kansas, LGBTQ+ Kansans do have legal protections at the federal, state, and local levels that ensure they receive respect, dignity, and equal treatment. However, recent state laws may limit how those protections are experienced in practice.

Can my employer discriminate against me because of my sexual orientation or gender identity?

Your Rights: Title VII of the 1964 Civil Rights Act prohibits employers with 15 or more employees from discriminating based on sex. In Bostock v. Clayton County, Georgia (2020), the Supreme Court held that this includes discrimination based on sexual orientation and gender identity. In 2021, President Biden directed all federal agencies to update their policies to follow this ruling. These protections apply to all kinds of employment decisions, like hiring, promotions, and workplace treatment.

Some courts have also recognized constitutional protections for transgender employees under the Fourteenth Amendment.

If You Believe Your Rights Have Been Violated: You can file a complaint with the Equal Employment Opportunity Commission (EEOC), which investigates complaints of workplace discrimination. Strict time limits to file a complaint apply.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity in the workplace, the ACLU may be able to help. Contact us by filling out an intake form.

Can a landlord refuse to rent to me because of my sexual orientation or gender identity?

Your Rights: You have a right to access housing regardless of your sexual orientation or gender identity. Under the Fair Housing Act (FHA), landlords and housing providers can’t discriminate against renters based on perceived sexual orientation or gender identity. Additionally, the Equal Access Rule requires have equal access to federally funded housing programs regardless of gender identity.

If You Believe Your Rights Have Been Violated: You can file a complaint with the U.S. Department of Housing and Urban Development (HUD), typically within one year of the incident. HUD investigates complaints of potential housing discrimination. Contact HUD if you have experienced housing-related discrimination because of your gender identity or sexual orientation.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity while seeking housing, the ACLU may be able to help. Contact us by filling out an intake form.

Can a medical provider deny me healthcare because of my sexual orientation or gender identity?

Your Rights: Section 1557 of the Affordable Care Act prohibits discrimination in many healthcare settings, including those receiving federal funding. Section 1557’s protections also apply to state-run health programs like Medicare and Medicaid. Federal agencies interpret these protections to include sexual orientation and gender identity.

Access to care, especially gender-affirming care, can vary depending on the provider, insurance coverage, and whether a patient is an adult or a minor. Some religiously affiliated providers have sought exemptions from these requirements, and the scope of those exemptions is currently being litigated.

You also have the right to be treated equally by medical providers regardless of your HIV or AIDS status under federal disability discrimination laws. Section 1557 of the Affordable Care Act and Section 504 of the Rehabilitation Act of 1973 protect this right.

LGBTQ+ and Two-Spirit people enrolled in federally recognized tribes may seek gender-affirming care through the Indian Health Service (IHS).

Important Update: Kansas law (SB 63) prohibits healthcare providers from prescribing puberty blockers, hormone therap, or performing gender-affirming surgeries for individuals under 18 when used to treat gender dysphoria. The law also imposes severe penalties on providers, including license revocation and civil liability.

These restrictions do not eliminate federal nondiscrimination protections, but they significantly limit access to certain types of gender-affirming care for minors in Kansas. This area of law is evolving and is currently being challenged.

If You Believe Your Rights Have Been Violated: HHS investigates complaints of discrimination. You can file a complaint by mail or on their website.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity in a healthcare setting, the ACLU may be able to help. Contact us by filling out an intake form.

Am I protected from discrimination when accessing public accommodations, like shops and restaurants?

Your Rights: Federal law does not clearly prohibit discrimination based on gender identity or sexual orientation in public accommodations. State laws and local ordinances may ban these types of discrimination. In Kansas, the Kansas Act Against Discrimination (“KAAD”) prohibits discrimination based on sex. The Kansas Human Rights Commission (“KHRC”) adopted a policy that interprets KAAD’s sex-based protections in line with Bostock—meaning the KHRC currently interprets KAAD to protect LGBTQ+ Kansans from discrimination while accessing public accommodations.

Additionally, 20 cities and counties in Kansas have local-level nondiscrimination ordinances that protect LGBTQ+ Kansans from discrimination. You can view an interactive map of local nondiscrimination protections at lgbtmap.org to see a full list of these cities and counties and learn more about your local-level protections in Kansas.

Important Update: Recent Kansas law (SB 244) imposes restrictions on the use of certain sex-separated facilities, such as bathrooms and locker rooms in some government buildings, based on sex assigned at birth. This law may conflict with other nondiscrimination protections and is currently being challenged in court.

If You Believe Your Rights Have Been Violated: You can file a KAAD complaint of public accommodations discrimination with the KHRC within 180 days of the violation. Visit the KHRC website for information about your rights under KAAD and assistance filing a complaint.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity when accessing public accommodations in Kansas, the ACLU may be able to help. Contact us by filling out an intake form.

Can I update my gender marker on identification documents in Kansas?

Recent Kansas law (SB 244) requires many state-issued identification documents, including driver’s licenses and birth certificates, to reflect sex assigned at birth. This may prevent transgender Kansans from updating their gender markers and may result in mismatched identification documents.

These restrictions can create barriers in employment, housing, travel, and interactions with law enforcement.

Important: These policies are currently being challenged in court and may change.

Additional Resources: If you are experiencing issues related to identification documents, you can contact the ACLU of Kansas through our contact form.

Am I protected from discrimination in financial services?

Your Rights: You have a right to be treated equally in the financial services industry. The Equal Credit Opportunity Act (ECOA) protects against discrimination in credit transactions based on certain characteristics, like gender and race. Federal agencies have interpreted ECOA’s sex discrimination protections to include sexual orientation and gender identity following the Supreme Court decision in Bostock v. Clayton County, Georgia. This means creditors generally cannot deny credit cards, loans, or certain kinds of insurance based only on your gender identity or sexual orientation.

If You Believe Your Rights Have Been Violated: The Consumer Financial Protection Bureau (CFPB) handles complaints of potential discrimination that have occurred in the past five years. You can file a complaint and find answers to frequently asked questions on their website.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity while trying to access financial services, the ACLU may be able to help. Contact us by filling out an intake form.

Can a jail or prison house me in a facility that does not correspond with my gender identity?

Your Rights: You have a right not to be placed in a gendered unit based only on the gender assigned to you at birth. Under the Prison Rape Elimination Act (PREA), correctional officials must make housing decisions for transgender and gender nonconforming people on a case-by-case basis and must consider gender identity.

Still, Kansas law and policies increasingly require classification based on sex assigned at birth, which may limit placement consistent with gender identity.

You also have the right to:

• Be protected from violence while incarcerated
• Have housing decisions reassessed regularly
• Shower separately in certain circumstances

Important: Even where state policies conflict with your identity, federal constitutional protections still apply.

If You Believe Your Rights Have Been Violated: What you can do depends on where the violation took place and which local, state, and federal agencies can evaluate your complaint. We encourage you to contact your the ACLU of Kansas or the national ACLU LGBT Project for help weighing your options.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity while incarcerated, the ACLU may be able to help. Contact us by filling out an intake form.

Can I access gender-affirming care while incarcerated?

Your Rights: While there is no single federal law guaranteeing access to gender-affirming care in jails or prisons, the Constitution requires that serious medical needs, including gender dysphoria, be treated within a reasonable time upon request. Medical treatment for incarcerated people diagnosed with gender dysphoria should be delivered according to accepted medical standards. Blanket bans on specific types of treatment, such as bans on hormone therapy or gender confirmation surgery, may be unconstitutional.

In Kansas, trans people incarcerated in Kansas Department of Corrections facilities have been provided with gender affirming care—including affirming clothing, personal care products, undergarments, and makeup, and in some instances gender affirmation surgeries.

If You Believe Your Rights Have Been Violated: You can contact the ACLU of Kansas or the national ACLU LGBTQ & HIV Project if you have been denied access to gender-affirming healthcare while incarcerated.

Additional Resources: If you’ve been discriminated against based on sexual orientation or gender identity while seeking healthcare in a jail or prison, the ACLU may be able to help. Contact us by filling out an intake form. Additionally, check out ACLU National’s Prisoner’s Rights guide for more in depth information about your rights while incarcerated.