Session of 1998
By Representative Powell
            9             AN ACT concerning employment; prohibiting preferential treatment in
10             public employment.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) The state shall not discriminate against or grant pref-
14       erential treatment to any individual or group on the basis of race, sex,
15       color, ethnicity, or national origin in the employment of and operation of
16       public employment, public education or public contracting.
17           (b) Nothing in this section shall be interpreted as prohibiting bona
18       fide qualifications based on sex which are reasonably necessary to the
19       normal operation of public employment, public education or public con-
20       tracting.
21           (c) Nothing in this section shall be interpreted as invalidating any
22       court order or consent decree which is in force as of the effective date
23       of this section.
24           (d) Nothing in this section shall be interpreted as prohibiting action
25       which must be taken to establish or maintain eligibility for any federal
26       program, where ineligibility would result in a loss of federal funds to the
27       state.
28           (e) For the purposes of this section, ``state'' shall include, but not
29       necessarily be limited to, the state itself, any political subdivision as de-
30       fined in subsection (b) of K.S.A. 28-137b and amendments thereto, any
31       state university and state agency.
32           (f) The remedies available for violations of this section shall be the
33       same, regardless of the injured party's race, sex, color, ethnicity or na-
34       tional origin, as are otherwise available for violations of the Kansas act
35       against discrimination, K.S.A. 44-1001 et seq. and amendments thereto.
36           (g) This section shall be self-executing. If any part or parts of this
37       section are found to be in conflict with federal law or the United States
38       Constitution, the section shall be implemented to the maximum extent
39       that federal law and the United States Constitution permit. Any provision
40       held invalid shall be severable from the remaining subsections of this
41       section.
42           (h) This section shall apply only to action taken after the section's
43       effective date.

HB 2958


  1           Sec. 2. This act shall take effect and be in force from and after its
  2       publication in the statute book.