State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19355

44-1002

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1002.   Definitions.When used in this act:

      (a)   "Person" includes one or more individuals, partnerships, associations,organizations, corporations, legal representatives, trustees, trustees inbankruptcy or receivers.

      (b)   "Employer" includes any person in this state employing four or morepersons and any person acting directly or indirectly for an employer, labororganizations, nonsectarian corporations, organizations engaged in socialservice work and the state of Kansas and all political and municipalsubdivisions thereof, but shall not include a nonprofit fraternal or socialassociation or corporation.

      (c)   "Employee" does not include any individual employed by such individual'sparents, spouse or child or in the domestic service of any person.

      (d)   "Labor organization" includes any organization which exists for thepurpose, in whole or in part, of collective bargaining, of dealing withemployers concerning grievances, terms or conditions of employment or of othermutual aid or protection in relation to employment.

      (e)   "Employment agency" includes any person or governmental agencyundertaking, with or without compensation, to procure opportunities to work orto procure, recruit, refer or place employees.

      (f)   "Commission" means the Kansas human rights commission created by thisact.

      (g)   "Unlawful employment practice" includes only those unlawful practicesand acts specified in K.S.A. 44-1009 and amendments thereto and includessegregate or separate.

      (h)   "Public accommodations" means any person who caters or offers goods,services, facilities and accommodations to the public. Public accommodationsinclude, but are not limited to, any lodging establishment or food serviceestablishment, as defined by K.S.A 36-501 and amendments thereto; any bar,tavern, barbershop, beauty parlor, theater, skating rink, bowling alley,billiard parlor, amusement park, recreation park, swimming pool, lake,gymnasium, mortuary or cemetery which is open to the public; or any publictransportation facility. Public accommodations do not include a religious ornonprofit fraternal or social association or corporation.

      (i)   "Unlawful discriminatory practice" means: (1) Any discrimination againstpersons, by reason of their race, religion, color, sex, disability, nationalorigin or ancestry:

      (A)   In any place of public accommodations; or

      (B)   in the full and equal use and enjoyment of the services, facilities,privileges and advantages of any institution, department or agency of the stateof Kansas or any political subdivision or municipality thereof; and

      (2)   any discrimination against persons in regard to membership in anonprofit recreational or social association or corporation by reason of race,religion, sex, color, disability, national origin or ancestry if suchassociation or corporation has 100 or more members and: (A) Provides regularmeal service; and (B) receives payment for dues, fees, use of space, use offacility, services, meals or beverages, directly or indirectly, from or onbehalf of nonmembers.

      This term shall not apply to a religious or private fraternal and benevolentassociation or corporation.

      (j)   "Disability" means, with respect to an individual:

      (1)   A physical or mental impairment that substantially limits one ormore 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 person or entityalleged to have committed the unlawful discriminatory practice complained of.

      Disability does not include current, illegal use of a controlled substance asdefined in section 102 of the federal controlled substance act (21 U.S.C. 802),in housing discrimination. In employment and public accommodationdiscrimination, "disability" does not include an individual who is currentlyengaging in the illegal use of drugs where possession or distribution of suchdrugs is unlawful under the controlled substance act (21 U.S.C. 812), when thecovered entity acts on the basis of such use.

      (k)   "Reasonable accommodation" means:

      (1)   Making existing facilities used by employees readily accessible to andusable by individuals with disabilities; and

      (2)   job restructuring; part-time or modified work schedules; reassignmentto a vacant position; acquisition or modification of equipment or devices;appropriate adjustment or modifications of examinations, training materials orpolicies; provision of qualified readers or interpreters; and other similaraccommodations for individuals with disabilities.

      (l)   "Regarded as having such an impairment" means the absence of a physicalor mental impairment but regarding or treating an individual as though such animpairment exists.

      (m)   "Genetic screening or testing" means a laboratory test of a person'sgenes or chromosomes for abnormalities, defects or deficiencies, includingcarrier status, that are linked to physical or mental disorders or impairments,or that indicate a susceptibility to illness, disease or other disorders,whether physical or mental, which test is a direct test for abnormalities,defects or deficiencies, and not an indirect manifestation of geneticdisorders.

      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; L. 1972,ch. 194, § 2; L. 1974, ch. 209, § 2; L. 1975, ch. 264, § 1; L. 1991,ch. 147, § 2;L. 1992, ch. 91, § 1;L. 1999, ch. 32, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19355

44-1002

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1002.   Definitions.When used in this act:

      (a)   "Person" includes one or more individuals, partnerships, associations,organizations, corporations, legal representatives, trustees, trustees inbankruptcy or receivers.

      (b)   "Employer" includes any person in this state employing four or morepersons and any person acting directly or indirectly for an employer, labororganizations, nonsectarian corporations, organizations engaged in socialservice work and the state of Kansas and all political and municipalsubdivisions thereof, but shall not include a nonprofit fraternal or socialassociation or corporation.

      (c)   "Employee" does not include any individual employed by such individual'sparents, spouse or child or in the domestic service of any person.

      (d)   "Labor organization" includes any organization which exists for thepurpose, in whole or in part, of collective bargaining, of dealing withemployers concerning grievances, terms or conditions of employment or of othermutual aid or protection in relation to employment.

      (e)   "Employment agency" includes any person or governmental agencyundertaking, with or without compensation, to procure opportunities to work orto procure, recruit, refer or place employees.

      (f)   "Commission" means the Kansas human rights commission created by thisact.

      (g)   "Unlawful employment practice" includes only those unlawful practicesand acts specified in K.S.A. 44-1009 and amendments thereto and includessegregate or separate.

      (h)   "Public accommodations" means any person who caters or offers goods,services, facilities and accommodations to the public. Public accommodationsinclude, but are not limited to, any lodging establishment or food serviceestablishment, as defined by K.S.A 36-501 and amendments thereto; any bar,tavern, barbershop, beauty parlor, theater, skating rink, bowling alley,billiard parlor, amusement park, recreation park, swimming pool, lake,gymnasium, mortuary or cemetery which is open to the public; or any publictransportation facility. Public accommodations do not include a religious ornonprofit fraternal or social association or corporation.

      (i)   "Unlawful discriminatory practice" means: (1) Any discrimination againstpersons, by reason of their race, religion, color, sex, disability, nationalorigin or ancestry:

      (A)   In any place of public accommodations; or

      (B)   in the full and equal use and enjoyment of the services, facilities,privileges and advantages of any institution, department or agency of the stateof Kansas or any political subdivision or municipality thereof; and

      (2)   any discrimination against persons in regard to membership in anonprofit recreational or social association or corporation by reason of race,religion, sex, color, disability, national origin or ancestry if suchassociation or corporation has 100 or more members and: (A) Provides regularmeal service; and (B) receives payment for dues, fees, use of space, use offacility, services, meals or beverages, directly or indirectly, from or onbehalf of nonmembers.

      This term shall not apply to a religious or private fraternal and benevolentassociation or corporation.

      (j)   "Disability" means, with respect to an individual:

      (1)   A physical or mental impairment that substantially limits one ormore 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 person or entityalleged to have committed the unlawful discriminatory practice complained of.

      Disability does not include current, illegal use of a controlled substance asdefined in section 102 of the federal controlled substance act (21 U.S.C. 802),in housing discrimination. In employment and public accommodationdiscrimination, "disability" does not include an individual who is currentlyengaging in the illegal use of drugs where possession or distribution of suchdrugs is unlawful under the controlled substance act (21 U.S.C. 812), when thecovered entity acts on the basis of such use.

      (k)   "Reasonable accommodation" means:

      (1)   Making existing facilities used by employees readily accessible to andusable by individuals with disabilities; and

      (2)   job restructuring; part-time or modified work schedules; reassignmentto a vacant position; acquisition or modification of equipment or devices;appropriate adjustment or modifications of examinations, training materials orpolicies; provision of qualified readers or interpreters; and other similaraccommodations for individuals with disabilities.

      (l)   "Regarded as having such an impairment" means the absence of a physicalor mental impairment but regarding or treating an individual as though such animpairment exists.

      (m)   "Genetic screening or testing" means a laboratory test of a person'sgenes or chromosomes for abnormalities, defects or deficiencies, includingcarrier status, that are linked to physical or mental disorders or impairments,or that indicate a susceptibility to illness, disease or other disorders,whether physical or mental, which test is a direct test for abnormalities,defects or deficiencies, and not an indirect manifestation of geneticdisorders.

      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; L. 1972,ch. 194, § 2; L. 1974, ch. 209, § 2; L. 1975, ch. 264, § 1; L. 1991,ch. 147, § 2;L. 1992, ch. 91, § 1;L. 1999, ch. 32, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19355

44-1002

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1002.   Definitions.When used in this act:

      (a)   "Person" includes one or more individuals, partnerships, associations,organizations, corporations, legal representatives, trustees, trustees inbankruptcy or receivers.

      (b)   "Employer" includes any person in this state employing four or morepersons and any person acting directly or indirectly for an employer, labororganizations, nonsectarian corporations, organizations engaged in socialservice work and the state of Kansas and all political and municipalsubdivisions thereof, but shall not include a nonprofit fraternal or socialassociation or corporation.

      (c)   "Employee" does not include any individual employed by such individual'sparents, spouse or child or in the domestic service of any person.

      (d)   "Labor organization" includes any organization which exists for thepurpose, in whole or in part, of collective bargaining, of dealing withemployers concerning grievances, terms or conditions of employment or of othermutual aid or protection in relation to employment.

      (e)   "Employment agency" includes any person or governmental agencyundertaking, with or without compensation, to procure opportunities to work orto procure, recruit, refer or place employees.

      (f)   "Commission" means the Kansas human rights commission created by thisact.

      (g)   "Unlawful employment practice" includes only those unlawful practicesand acts specified in K.S.A. 44-1009 and amendments thereto and includessegregate or separate.

      (h)   "Public accommodations" means any person who caters or offers goods,services, facilities and accommodations to the public. Public accommodationsinclude, but are not limited to, any lodging establishment or food serviceestablishment, as defined by K.S.A 36-501 and amendments thereto; any bar,tavern, barbershop, beauty parlor, theater, skating rink, bowling alley,billiard parlor, amusement park, recreation park, swimming pool, lake,gymnasium, mortuary or cemetery which is open to the public; or any publictransportation facility. Public accommodations do not include a religious ornonprofit fraternal or social association or corporation.

      (i)   "Unlawful discriminatory practice" means: (1) Any discrimination againstpersons, by reason of their race, religion, color, sex, disability, nationalorigin or ancestry:

      (A)   In any place of public accommodations; or

      (B)   in the full and equal use and enjoyment of the services, facilities,privileges and advantages of any institution, department or agency of the stateof Kansas or any political subdivision or municipality thereof; and

      (2)   any discrimination against persons in regard to membership in anonprofit recreational or social association or corporation by reason of race,religion, sex, color, disability, national origin or ancestry if suchassociation or corporation has 100 or more members and: (A) Provides regularmeal service; and (B) receives payment for dues, fees, use of space, use offacility, services, meals or beverages, directly or indirectly, from or onbehalf of nonmembers.

      This term shall not apply to a religious or private fraternal and benevolentassociation or corporation.

      (j)   "Disability" means, with respect to an individual:

      (1)   A physical or mental impairment that substantially limits one ormore 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 person or entityalleged to have committed the unlawful discriminatory practice complained of.

      Disability does not include current, illegal use of a controlled substance asdefined in section 102 of the federal controlled substance act (21 U.S.C. 802),in housing discrimination. In employment and public accommodationdiscrimination, "disability" does not include an individual who is currentlyengaging in the illegal use of drugs where possession or distribution of suchdrugs is unlawful under the controlled substance act (21 U.S.C. 812), when thecovered entity acts on the basis of such use.

      (k)   "Reasonable accommodation" means:

      (1)   Making existing facilities used by employees readily accessible to andusable by individuals with disabilities; and

      (2)   job restructuring; part-time or modified work schedules; reassignmentto a vacant position; acquisition or modification of equipment or devices;appropriate adjustment or modifications of examinations, training materials orpolicies; provision of qualified readers or interpreters; and other similaraccommodations for individuals with disabilities.

      (l)   "Regarded as having such an impairment" means the absence of a physicalor mental impairment but regarding or treating an individual as though such animpairment exists.

      (m)   "Genetic screening or testing" means a laboratory test of a person'sgenes or chromosomes for abnormalities, defects or deficiencies, includingcarrier status, that are linked to physical or mental disorders or impairments,or that indicate a susceptibility to illness, disease or other disorders,whether physical or mental, which test is a direct test for abnormalities,defects or deficiencies, and not an indirect manifestation of geneticdisorders.

      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; L. 1972,ch. 194, § 2; L. 1974, ch. 209, § 2; L. 1975, ch. 264, § 1; L. 1991,ch. 147, § 2;L. 1992, ch. 91, § 1;L. 1999, ch. 32, § 1; July 1.