THE KANSAS ACT AGAINST DISCRIMINATION 44 …

1 1 THE KANSAS ACT AGAINST DISCRIMINATION44-1001. Title of act; declaration of state policy and act shall be known as the KANSAS act AGAINST discrim-ination. It shall be deemed an exercise of the police power of thestate for the protection of the public welfare, safety, health andpeace of the people of this state. The practice or policy of discrim-ination AGAINST individuals in employment relations, in relationto free and public accommodations or in housing by reason of race,religion, color, sex, disability, national origin or ancestry or inhousing by reason of familial status is a matter of concern to thestate, since such DISCRIMINATION threatens not only the rights andprivileges of the inhabitants of the state of KANSAS but menacesthe institutions and foundations of a free democratic state. It ishereby declared to be the policy of the state of KANSAS to eliminateand prevent DISCRIMINATION in all employment relations, to elim-inate and prevent DISCRIMINATION , segregation, or separation in allplaces of public accommodations covered by this act, and to elim-inate and prevent DISCRIMINATION , segregation or separation is also declared to be the policy of this state to assure equalopportunities and encouragement to every citizen regardless ofrace, religion, color, sex, disability, national origin or ancestry, insecuring and holding, without DISCRIMINATION , employment in anyfield of work or labor for which a person is properly qualified, toassure equal opportunities to all persons within this state to fulland equal public accommodations, and to assure equal opportu-nities in housing without distinction on account of race.

2 Religion,color, sex, disability, familial status, national origin or is further declared that the opportunity to secure and to holdemployment, the opportunity for full and equal public accommo-dations as covered by this act and the opportunity for full andequal housing are civil rights of every protect these rights, it is hereby declared to be the purpose ofthis act to establish and to provide a state commission havingpower to eliminate and prevent segregation and DISCRIMINATION ,2or separation in employment, in all places of public accommoda-tions covered by this act, in housing because of race, religion,color,sex, disability, national origin or ancestry and in housing becauseof familial status, either by employers. Labor organizations, em-ployment agencies, Relators, financial institutions or other per-sons as hereinafter provided.

3 (L. 1953, ch. 249, 1: L. 1961, , 1; L. 1963, ch 279, 1; L. 1965, ch. 323, 1; L. 1972, , 1; L. 1974, ch. 209, 1; L 1991, ch. 147, 1; July 1.)44-1002. used in this act:(a) Person includes one or more individuals, partnerships, as-sociations, organizations, corporations, legal representatives,trustees, trustees in bankruptcy or receivers.(b) Employer includes any person in this state employing for ormore persons, and any person acting directly or indirectly for anemployer, labor organizations, nonsectarian corporations, organ-izations engaged in social service work and the state of Kansasand all political and municipal subdivisions thereof, but shall notinclude a non-profit fraternal or social association or cooperation.(c) Employee does not include any individual employed y suchindividual s parents, spouse, or child, or in the domestic service ofany person.

4 (d) Labor organization includes any organization which existsfor the purpose, in whole or in part, of collective bargaining, ofdealing with employers concerning grievances, terms or condi-tions of employment or of other mutual aid or protection in rela-tion to employment.(e) Employment agency includes any person or governmentalagency undertaking, with or without compensation, to procure op-portunities to work or to procure, recruit, refer, or placeemployees.(f) Commission means the KANSAS human rights commissioncreated by this (g) Unlawful employment practice includes only those unlawfulpractices and acts specified in 44-1009 and amendmentsthereto and includes segregate or separate.(h) Public accommodations means any person who caters or of-fers goods, services, facilities and accommodations to the accommodations include, but are not limited to, any lodgingestablishment or food service establishment, as defined by and amendments thereto; any bar,tavern, barbershop,beauty parlor, theater, skating rink, bowling alley, billiard parlor,amusement park, recreation park, swimming pool, lake, gymna-sium, mortuary or cemetery which is open to the public; or anypublic transportation facility.

5 Public accommodations do not in-clude a religious or nonprofit fraternal or social association orcorporation.(i) Unlawful discriminatory practice means:(1) Any DISCRIMINATION AGAINST persons, by reason of theirrace, religion, color, sex. disability, national origin or ancestry.(A) In any place of public accommodations; or(B) in the full and equal use and enjoyment of the serv-ices, facilities, privileges and advantages of any institution, de-partment or agency of the state of KANSAS or any political subdi-vision or municipality thereof; and(2) any DISCRIMINATION AGAINST persons in regard to member-ship in a nonprofit recreational or social association or corporationby reason of race religion, sex, color, disability, national origin orancestry if such association or corporation has 100 or more mem-bers and:(A) Provides regular meal service; and(B) receives payment for dues, fees, use of space, use offacility, services, meals or beverages, directly or indirectly, fromor on behalf of nonmembers.

6 This term shall not apply to a relig-4ious or private fraternal and benevolent association orcorporation.(j) Disability means, with respect to an individual:(1) A physical or mental impairment that substantiallylimitsone or more of the major life activities of such individual;(2) a record of such an impairment; or(3) being regarded as having such an impairment by the per-son or entity alleged to have committed the unlawful discrimi-natory practice complained does not include current, illegal use of a controlled sub-stance as defined in section 102 of the federal controlled substanceact (21 802), in housing DISCRIMINATION . In employment andpublic accommodation DISCRIMINATION , disability does not in-clude an individual who is currently engaging in the illegal use ofdrugs where possession or distribution of such drugs is unlawfulunder the controlled substance act (21 812), when the cov-ered entity acts on the basis of such use.

7 (k) Reasonable accommodation means:(1) Making existing facilities used by employees readily ac-cessible to and usable by individuals with disabilities; and(2) job restructuring; part-time or modified work schedules;reassignment to a vacant position; acquisition or modification ofequipment or devices; appropriate adjustment or modifications ofexaminations, training materials or policies; provision of qualifiedreaders or interpreters; and other similar accommodations for in-dividuals with disabilities.(l) Regarded as having such an impairment means the absenceof a physical or mental impairment but regarding or treating anindividual as though such an impairment (m) Genetic screening or testing means a laboratory test of a per-son s genes or chromosomes for abnormalities, defects or deficien-cies, including carrier status, that are linked to physical or mentaldisorders or impairments, or that indicate a susceptibility to ill-ness, disease or other disorders, whether physical or mental, whichtest is a direct test for abnormalities, defects or deficiencies, andnot an indirect manifestation of genetic :L.

8 1953, ch. 249, 2; L. 1961, ch. 248, 2; L. 1963, , 2; L. 1965, ch. 323, 2; L. 1970, ch. 192, 1; L. 1972, , 2; L. 1965, ch. 323, 2; L. 1970, ch. 192, 1; L. 1972, , 2; L. 1974, ch. 209, 2; L. 1975, ch. 264, 1; L. 1991, , 2; L. 1992, ch. 91, 1; April History:L. 1953, ch. 249, 2; L. 1961, ch. 248, 2;L. 1963, ch. 279, 2; L. 1965, ch. 323, 2; L. 1970, ch. 192, 1; , ch. 194, 2; L. 1974, ch. 209; 2; L. 1975, ch. 264, 1; , ch. 148, 2; Repealed. L. 1992, ch. 91, 4; April KANSAS human rights commission; creation; or-ganization; staff.(a) There is hereby created the KANSAS humanrights commission. The commission shall consist of seven mem-bers, two of whom shall be representative of industry, two of whomshall be representative of labor, one of whom shall be a personauthorized to practice law in this state, one of whom shall be arepresentative of the real estate industry, and one of whom shallbe appointed at large, to be known as commissioners.

9 No morethan four members of the commission shall be from the same po-litical party. Members of the commission shall be appointed bythe governor, subject to continuation by the senate as provided 75-4315b, and amendments thereto. Except as provided 1995 Supp. 46-2601 and amendments thereto, no personappointed to the commission shall exercise any power, duty orfunction as a member of the commission until confirmed by thesenate. One member shall be designated by the governor as chair-person and shall preside at all meetings of the commission andperform all the duties and functions of chairperson.(b) The commission may designate one member to act as chair-person during the absence or incapacity of the chairperson, and,6when so acting, the member designated shall have and performall the duties and functions of the chairperson of the commission.

10 (c) Except as provided by subsection (d), the term of office of eachmember of the commission shall be four years and until a succes-sor is confirmed. Any member chosen to fill a vacancy occurringother than by expiration of term shall be appointed for the unex-pired term of the member s predecessor.(d) The terms of members who are serving on the commission onthe effective date of this act shall expire on January 15, of the yearon which such member s term would have expired under the pro-visions of this section prior to amendment by this act. Thereafter,members shall be appointed for terms or four years and until theirsuccessors are appointed and confirmed.(e) A majority of the current members of the commission shallconstitute a quorum for the purpose of conducting the business ofthe commission, except as otherwise provided in this section.