Session of 1999
HOUSE BILL No. 2219
By Representatives Welshimer, Barnes, Flora, Garner, Gilbert,
Kuether, Nichols, Pauls, Phelps, Ruff and Toelkes
10 AN ACT concerning the Kansas acts against discrimination; prohibiting
11 certain employment practices; amending K.S.A. 44-1009 and repealing
12 the existing section.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 44-1009 is hereby amended to read as follows: 44-
16 1009. (a) It shall be an unlawful employment practice:
17 (1) For an employer, because of the race, religion, color, sex, disa-
18 bility, national origin or ancestry of any person to refuse to hire or employ
19 such person to bar or discharge such person from employment or to
20 otherwise discriminate against such person in compensation or in terms,
21 conditions or privileges of employment; to limit, segregate, separate, clas-
22 sify or make any distinction in regards to employees; or to follow any
23 employment procedure or practice which, in fact, results in discrimina-
24 tion, segregation or separation without a valid business necessity.
25 (2) For a labor organization, because of the race, religion, color, sex,
26 disability, national origin or ancestry of any person, to exclude or to expel
27 from its membership such person or to discriminate in any way against
28 any of its members or against any employer or any person employed by
29 an employer.
30 (3) For any employer, employment agency or labor organization to
31 print or circulate or cause to be printed or circulated any statement,
32 advertisement or publication, or to use any form of application for em-
33 ployment or membership or to make any inquiry in connection with pro-
34 spective employment or membership, which expresses, directly or indi-
35 rectly, any limitation, specification or discrimination as to race, religion,
36 color, sex, disability, national origin or ancestry, or any intent to make any
37 such limitation, specification or discrimination, unless based on a bona
38 fide occupational qualification.
39 (4) For any employer, employment agency or labor organization to
40 discharge, expel or otherwise discriminate against any person because
41 such person has opposed any practices or acts forbidden under this act
42 or because such person has filed a complaint, testified or assisted in any
43 proceeding under this act.
44 (5) For an employment agency to refuse to list and properly classify
45 for employment or to refuse to refer any person for employment or oth-
46 erwise discriminate against any person because of such person's race,
47 religion, color, sex, disability, national origin or ancestry; or to comply
48 with a request from an employer for a referral of applicants for employ-
49 ment if the request expresses, either directly or indirectly, any limitation,
50 specification or discrimination as to race, religion, color, sex, disability,
51 national origin or ancestry.
52 (6) For an employer, labor organization, employment agency, or
53 school which provides, coordinates or controls apprenticeship, on-the-job,
54 or other training or retraining program, to maintain a practice of discrim-
55 ination, segregation or separation because of race, religion, color, sex,
56 disability, national origin or ancestry, in admission, hiring, assignments,
57 upgrading, transfers, promotion, layoff, dismissal, apprenticeship or other
58 training or retraining program, or in any other terms, conditions or priv-
59 ileges of employment, membership, apprenticeship or training; or to fol-
60 low any policy or procedure which, in fact, results in such practices with-
61 out a valid business motive.
62 (7) For any person, whether an employer or an employee or not, to
63 aid, abet, incite, compel or coerce the doing of any of the acts forbidden
64 under this act, or attempt to do so.
65 (8) For an employer, labor organization, employment agency or joint
66 labor-management committee to: (A) Limit, segregate or classify a job
67 applicant or employee in a way that adversely affects the opportunities or
68 status of such applicant or employee because of the disability of such
69 applicant or employee; (B) participate in a contractual or other arrange-
70 ment or relationship, including a relationship with an employment or
71 referral agency, labor union, an organization providing fringe benefits to
72 an employee or an organization providing training and apprenticeship
73 programs that has the effect of subjecting a qualified applicant or em-
74 ployee with a disability to the discrimination prohibited by this act; (C)
75 utilize standards criteria, or methods of administration that have the effect
76 of discrimination on the basis of disability or that perpetuate the discrim-
77 ination of others who are subject to common administrative control; (D)
78 exclude or otherwise deny equal jobs or benefits to a qualified individual
79 because of the known disability of an individual with whom the qualified
80 individual is known to have a relationship or association; (E) not make
81 reasonable accommodations to the known physical or mental limitations
82 of an otherwise qualified individual with a disability who is an applicant
83 or employee, unless such employer, labor organization, employment
84 agency or joint labor-management committee can demonstrate that the
85 accommodation would impose an undue hardship on the operation of the
86 business thereof; (F) deny employment opportunities to a job applicant
87 or employee who is an otherwise qualified individual with a disability, if
88 such denial is based on the need to make reasonable accommodation to
89 the physical or mental impairments of the employee or applicant; (G) use
90 qualification standards, employment tests or other selection criteria that
91 screen out or tend to screen out an individual with a disability or a class
92 of individuals with disabilities unless the standard, test or other selection
93 criteria, as used, is shown to be job-related for the position in question
94 and is consistent with business necessity;
or (H) fail to select and admin-
95 ister tests concerning employment in the most effective manner to ensure
96 that, when such test is administered to a job applicant or employee who
97 has a disability that impairs sensory, manual or speaking skills, the test
98 results accurately reflect the skills, aptitude or whatever other factor of
99 such applicant or employee that such test purports to measure, rather
100 than reflecting the impaired sensory, manual or speaking skills of such
101 employee or applicant
(except where such skills are the factors that the
102 test purports to measure
); or (I) ask a job applicant if the applicant has
103 ever filed a workers compensation claim.
104 (b) It shall not be an unlawful employment practice to fill vacancies
105 in such way as to eliminate or reduce imbalance with respect to race,
106 religion, color, sex, disability, national origin or ancestry.
107 (c) It shall be an unlawful discriminatory practice:
108 (1) For any person, as defined herein being the owner, operator, les-
109 see, manager, agent or employee of any place of public accommodation
110 to refuse, deny or make a distinction, directly or indirectly, in offering its
111 goods, services, facilities, and accommodations to any person as covered
112 by this act because of race, religion, color, sex, disability, national origin
113 or ancestry, except where a distinction because of sex is necessary because
114 of the intrinsic nature of such accommodation.
115 (2) For any person, whether or not specifically enjoined from dis-
116 criminating under any provisions of this act, to aid, abet, incite, compel
117 or coerce the doing of any of the acts forbidden under this act, or to
118 attempt to do so.
119 (3) For any person, to refuse, deny, make a distinction, directly or
120 indirectly, or discriminate in any way against persons because of the race,
121 religion, color, sex, disability, national origin or ancestry of such persons
122 in the full and equal use and enjoyment of the services, facilities, privi-
123 leges and advantages of any institution, department or agency of the state
124 of Kansas or any political subdivision or municipality thereof.
125 Sec. 2. K.S.A. 44-1009 is hereby repealed.
126 Sec. 3. This act shall take effect and be in force from and after its
127 publication in the statute book.