Kansas Whistleblower Laws: Protections and How to Report

Kansas protects state employees from retaliation for reporting violations of law under the Kansas Whistleblower Act (K.S.A. 75-2973), and extends comparable coverage to municipal employees under HB 2160, effective July 1, 2025. Kansas common law also shields private-sector workers who report public health or safety violations.

Kansas workers who speak up about illegal activity, safety hazards, or government waste have legal protections against retaliation. Those protections come from a combination of state statutes, common law doctrines, and federal law.

This guide covers every major whistleblower protection available in Kansas, including the significant expansion that took effect in 2025 for municipal employees. You will find the specific statutes, who qualifies, what activities are protected, how to file a claim, the deadlines that apply, and the remedies available if an employer retaliates.

This is a summary of Kansas whistleblower laws. Make sure to also review the Federal Whistleblower Laws that apply to all U.S. workers.

Kansas Employment-at-Will Doctrine and Its Exceptions

Kansas is an employment-at-will state. That means an employer can terminate an employee for any reason, or for no reason at all, as long as the reason is not illegal. However, Kansas courts and the Kansas Legislature have carved out important exceptions that protect employees who blow the whistle on unlawful or dangerous conduct.

Those exceptions fall into two categories: common law protections developed by Kansas courts, and statutory protections enacted by the Legislature.

Common Law Whistleblower Protections in Kansas

Kansas courts recognize a public policy exception to the employment-at-will doctrine. Under this exception, an employer cannot fire a worker for engaging in activities that Kansas public policy protects. Courts have specifically addressed two categories of protected activity.

Workers' Compensation Retaliation

It is against public policy for an employer to fire an employee in retaliation for filing a workers' compensation claim. To succeed on this claim, the employee must prove four elements:

• The employee filed a workers' compensation claim or the employer believed the employee intended to file one.
• The employee suffered an injury that was eligible for workers' compensation benefits.
• The employer knew about the injury and the claim.
• The termination was motivated by the filing or potential filing of the workers' compensation claim.

Kansas courts have extended this protection beyond termination. Employees who suffered suspension, demotion, or other adverse employment actions in connection with a workers' compensation claim have also received protection under this doctrine.

Whistleblowing Under Public Policy

Employers cannot fire an employee for reporting conduct by the employer or a co-worker that violates a rule, regulation, or statute related to public health and safety. Two conditions must be met for this protection to apply:

• The employee made the disclosure to a supervisor or a law enforcement agency.
• The employee identified the specific rule, regulation, or statute the employer allegedly violated.

An employee does not lose this protection if it turns out the employer did not actually break the law. As long as the employee acted in good faith and held a reasonable belief that a violation occurred, the public policy exception applies.

This common law protection is particularly important for private-sector workers in Kansas, because many of the state's statutory protections apply only to government employees.

Kansas Whistleblower Act (K.S.A. 75-2973)

The Kansas Whistleblower Act is the primary state statute protecting government employees who report wrongdoing. It applies to employees of Kansas state agencies.

Who Is Protected

The Act covers officers and employees of Kansas state agencies, including both classified and unclassified civil service employees. It does not cover private-sector workers or employees of cities, counties, or other local governments (those workers gained separate protections in 2025 under HB 2160, discussed below).

Protected Activities

Under the Kansas Whistleblower Act, no supervisor or appointing authority of a state agency may:

• Prohibit an employee from discussing operations of the state agency or other matters of public concern, including matters relating to public health, safety, and welfare, with any member of the Legislature or any auditing agency.
• Prohibit an employee from reporting any violation of state or federal law, rule, or regulation to any person, agency, or organization.
• Require an employee to give the supervisor prior notice before making such a report.

What Counts as Disciplinary Action

The Act defines "disciplinary action" broadly to include any dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal, or withholding of work. This covers the full range of adverse employment actions an employer might take against a whistleblower.

How to File a Claim

The filing process depends on the employee's classification:

Both classified and unclassified employees have 90 days from the date of the alleged retaliatory action to file. Missing this deadline can result in losing the right to pursue the claim entirely.

Remedies and Penalties

The Kansas Whistleblower Act provides the exclusive remedy for state employee whistleblower retaliation claims. Available relief includes:

• The civil service board or court may modify or reverse the disciplinary action.
• The prevailing party may recover all or a portion of the costs of the proceedings, including reasonable attorney fees and witness fees.
• Individuals who violate the Act face suspension without pay for up to 30 days.
• For willful or repeated violations, the offending supervisor may be terminated and barred from state employment for up to 2 years.

Municipal Employee Whistleblower Act (HB 2160, Effective July 1, 2025)

On April 7, 2025, Governor Laura Kelly signed House Bill 2160 into law, creating the Municipal Employee Whistleblower Act. This law took effect on July 1, 2025, and filled a significant gap in Kansas whistleblower protections.

Why This Law Matters

Before HB 2160, Kansas whistleblower statutes only covered state-level employees. Workers employed by cities, counties, townships, and other local government bodies had no state statutory protection for reporting wrongdoing. They had to rely on common law claims or federal protections, both of which can be harder to pursue.

Who Is Protected

The Act covers officers and employees of Kansas municipalities, including cities, counties, townships, and other local government entities.

Protected Activities

Under the Municipal Employee Whistleblower Act, local government supervisors cannot take disciplinary action against an employee for:

• Discussing municipal operations or other matters of public concern with any member of the governing body of the municipality or any auditing agency.
• Reporting violations of federal, state, or local laws, regulations, or rules to any person, agency, or organization.
• Disclosing malfeasance (unlawful conduct by any member of the governing body or any officer or employee of the municipality) or misappropriation (unauthorized or unlawful expenditure or transfer of municipal funds).

The Act does not require employees to notify their supervisors before making a report.

Limitations

Employees are not protected if they knowingly spread false information, represent personal opinions as official municipal positions, or disclose information that is legally confidential.

Filing and Remedies

Any officer or employee who alleges retaliation in violation of the Act may bring a court action within 90 days of the alleged violation, seeking damages and any equitable relief the court considers necessary. The court may award the prevailing party all or a portion of costs, including reasonable attorney fees and witness fees.

If a governing body determines the disciplinary action was unreasonable, it must modify or reverse the action and order appropriate relief for the employee.

Additional Kansas Statutory Protections

Beyond the two whistleblower-specific acts, several other Kansas statutes include anti-retaliation provisions that protect employees who report specific types of wrongdoing.

Protection for Testimony Before the Secretary of Labor (K.S.A. 44-615)

It is illegal for any person, firm, or corporation to fire or discriminate against an employee because the employee:

• Testified or may testify as a witness before the Secretary of Labor.
• Signed a complaint or brought a matter of controversy between employer and employees to the Secretary's attention.

Employers who willfully violate this statute are guilty of a misdemeanor under K.S.A. 44-618. Penalties include a fine of up to $1,000, imprisonment in the county jail for up to one year, or both.

Kansas Act Against Discrimination (K.S.A. 44-1009)

The Kansas Act Against Discrimination prohibits employers from retaliating against employees who:

• Oppose discriminatory practices forbidden by the Act.
• File a complaint under the Act.
• Testify or participate in any proceeding under the Act.

The Act prohibits employment discrimination based on race, religion, color, sex, disability, national origin, or ancestry. Retaliation complaints must be filed with the Kansas Human Rights Commission (KHRC) within 6 months of the retaliatory act. If the discrimination is part of a continuing pattern, the deadline runs from the last discriminatory act.

Kansas Age Discrimination in Employment Act (K.S.A. 44-1113)

The Kansas Age Discrimination in Employment Act protects individuals age 40 and older from employment discrimination. Employers cannot retaliate against employees who:

• Oppose practices prohibited by the Act.
• File a complaint under the Act.
• Testify or participate in any proceeding under the Act.

Retaliation complaints must be filed with the KHRC within 6 months. Alternatively, employees may file a wrongful discharge lawsuit in court within 2 years of the retaliatory action.

Reporting Abuse, Neglect, or Exploitation (K.S.A. 39-1403)

K.S.A. 39-1403 protects employees who report or participate in investigations of abuse, neglect, or exploitation of adults in care facilities, adult family homes, or adults needing protective services. Under this statute:

• Employers cannot discharge, alter terms of employment, or discriminate against an employee for making a report.
• Employees who participate in related investigations or proceedings are also protected.
• Anyone making a report or participating in an investigation is immune from civil liability, unless the person acted in bad faith or with malicious purpose.
• The identity of the person making the report is kept confidential unless the reporter consents to disclosure or a judicial or administrative proceeding results.

Healthcare Malpractice Reporting (K.S.A. 65-4928)

K.S.A. 65-4928 prohibits employers from firing or discriminating against an employee for reporting:

• Conditions that fall below the applicable standard of care and have a reasonable probability of causing injury to a patient.
• Acts that would be grounds for disciplinary action by an appropriate licensing agency.

Employees who experience retaliation may recover damages for lost wages and benefits, plus a civil penalty not exceeding the total amount of compensatory damages. The statute of limitations for filing a claim is 2 years from the retaliatory action.

Occupational Safety and Health (K.S.A. 44-636)

K.S.A. 44-636 prohibits employers from firing or discriminating against employees who:

• File a complaint with the Secretary of Labor about unsafe or hazardous conditions.
• Furnish information to the Secretary of Labor concerning such conditions.

Willful violations of this statute are a misdemeanor. Penalties include fines ranging from $25 to $100 per day the violation remains uncorrected, with each day constituting a separate offense.

Federal Whistleblower Protections for Kansas Workers

Kansas state whistleblower statutes primarily protect government employees. Private-sector workers in Kansas can turn to several federal laws for protection.

Federal False Claims Act (31 U.S.C. 3729-3733)

The False Claims Act allows any person, including private-sector employees, to file a qui tam lawsuit on behalf of the federal government against an employer that has defrauded a government program. Whistleblowers who file successful qui tam actions may receive between 15% and 30% of the government's recovery. The Act also prohibits retaliation against employees who file or assist with False Claims Act actions.

Sarbanes-Oxley Act (SOX)

The Sarbanes-Oxley Act protects employees of publicly traded companies who report securities fraud, mail fraud, wire fraud, or bank fraud. Employees must file a complaint with the Occupational Safety and Health Administration (OSHA) within 180 days of the retaliatory action.

Other Federal Protections

Additional federal laws that protect Kansas workers include:

• Dodd-Frank Wall Street Reform Act for reporting securities violations to the SEC.
• Occupational Safety and Health Act (federal OSHA) for reporting workplace safety hazards.
• Clean Air Act and Clean Water Act for reporting environmental violations.
• National Labor Relations Act for reporting unfair labor practices.

Retaliation Claims: Deadlines Summary

Filing deadlines vary by statute. Missing a deadline can permanently bar a claim.

Remedies for Retaliation in Kansas

The remedies available depend on which statute applies. Unless a specific statute states otherwise, employees who prove retaliation may be entitled to:

• Reinstatement to their previous job position.
• Restoration of full fringe benefits and seniority.
• Back pay for lost wages and benefits.
• Litigation costs and reasonable attorney fees.
• Punitive damages in appropriate cases.
• Any other compensation the court considers appropriate.

Penalties by Statute

Where to Report Whistleblower Retaliation in Kansas

Here are the key agencies and their contact information for filing whistleblower or retaliation complaints:

• Kansas Human Rights Commission (KHRC): For discrimination and age discrimination retaliation complaints. Phone: (785) 296-3206. Website: www.khrc.net
• Kansas Department of Administration, Division of Personnel Services: For state employee whistleblower claims under K.S.A. 75-2973. Phone: (785) 296-4278.
• Kansas Department of Labor: For workplace safety retaliation complaints and general employment retaliation matters. Phone: (785) 296-0901.
• U.S. Department of Labor, OSHA: For federal whistleblower claims. Phone: 1-800-321-6742. Website: www.osha.gov/whistleblower

How to Strengthen a Kansas Whistleblower Claim

Workers who believe they may need to report wrongdoing should take steps to protect themselves:

1. Document everything. Keep copies of emails, memos, reports, and any evidence related to the violation you are reporting. Note dates, times, and the names of people involved.

2. Report through the proper channels. Under Kansas common law, reports should go to a supervisor or law enforcement. Under the statutory protections, reports can go to legislators, auditing agencies, or any person or organization.

3. Put it in writing. Written reports create a record that is harder for an employer to dispute later.

4. Identify the specific law or rule. Kansas common law requires that the employee identify the specific statute, rule, or regulation the employer allegedly violated. Being specific strengthens both common law and statutory claims.

5. Act quickly. The 90-day deadline under the Kansas Whistleblower Act and Municipal Employee Whistleblower Act is short. Consult an attorney as soon as possible after experiencing retaliation.

6. Keep records of retaliation. If your employer takes adverse action after your report, document the timeline showing the connection between your report and the retaliation.

More Kansas Laws

• Kansas At-Will Employment Laws
• Kansas Employee Monitoring Laws
• Kansas Final Paycheck Laws
• Kansas Workers Compensation Laws