44-1009.Unlawful employment practices; unlawful discriminatorypractices.(a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, color, sex, disability,national origin or ancestry of any person to refuse to hire or employ suchperson to bar or discharge such person from employment or to otherwisediscriminate against such person in compensation or in terms, conditions orprivileges of employment; to limit, segregate, separate, classify or make anydistinction in regards to employees; or to follow any employment procedure orpractice which, in fact, results in discrimination, segregation or separationwithout a valid business necessity.
(2) For a labor organization, because of the race, religion, color,sex, disability, national origin or ancestry of any person, to exclude or toexpel from its membership such person or to discriminate in any way against anyof its members or against any employer or any person employed by an employer.
(3) For any employer, employment agency or labor organization to print orcirculate or cause to be printed or circulated any statement, advertisement orpublication, or to use any form of application for employment or membership orto make any inquiry in connection with prospective employment or membership,which expresses, directly or indirectly, any limitation, specification ordiscrimination as to race, religion, color, sex, disability, national origin orancestry, or any intent to make any such limitation, specification ordiscrimination, unless based on a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to discharge,expel or otherwise discriminate against any person because such person hasopposed any practices or acts forbidden under this act or because such personhas filed a complaint, testified or assisted in any proceeding under this act.
(5) For an employment agency to refuse to list and properly classifyfor employment or to refuse to refer any person for employment or otherwisediscriminate against any person because of such person's race, religion, color,sex, disability, national origin or ancestry; or to comply with a request froman employer for a referral of applicants for employment if the requestexpresses, either directly or indirectly, any limitation, specification ordiscrimination as to race, religion, color, sex, disability, national origin orancestry.
(6) For an employer, labor organization, employment agency, or school whichprovides, coordinates or controls apprenticeship, on-the-job, or other trainingor retraining program, to maintain a practice of discrimination, segregation orseparation because of race, religion, color, sex, disability, national originor ancestry, in admission, hiring, assignments, upgrading, transfers,promotion, layoff, dismissal, apprenticeship or other training or retrainingprogram, or in any other terms, conditions or privileges of employment,membership, apprenticeship or training; or to follow any policy or procedurewhich, in fact, results in such practices without a valid business motive.
(7) For any person, whether an employer or an employee or not, to aid, abet,incite, compel or coerce the doing of any of the acts forbidden under this act,or attempt to do so.
(8) For an employer, labor organization, employment agency or jointlabor-management committee to: (A) Limit, segregate or classify a job applicantor employee in a way that adversely affects the opportunities or status of suchapplicant or employee because of the disability of such applicant or employee;(B) participate in a contractual or other arrangement or relationship,including a relationship with an employment or referral agency, labor union, anorganization providing fringe benefits to an employee or an organizationproviding training and apprenticeship programs that has the effect ofsubjecting a qualified applicant or employee with a disability to thediscrimination prohibited by this act; (C) utilize standards criteria, ormethods of administration that have the effect of discrimination on the basisof disability or that perpetuate the discrimination of others who are subjectto common administrative control; (D) exclude or otherwise deny equal jobs orbenefits to a qualified individual because of the known disability of anindividual with whom the qualified individual is known to have a relationshipor association; (E) not make reasonable accommodations to the known physical ormental limitations of an otherwise qualified individual with a disability whois an applicant or employee, unless such employer, labor organization,employment agency or joint labor-management committee can demonstrate that theaccommodation would impose an undue hardship on the operation of the businessthereof; (F) deny employment opportunities to a job applicant or employee whois an otherwise qualified individual with a disability, if such denial is basedon the need to make reasonable accommodation to the physical or mentalimpairments of the employee or applicant; (G) use qualification standards,employment tests or other selection criteria that screen out or tend to screenout an individual with a disability or a class of individuals with disabilitiesunless the standard, test or other selection criteria, as used, is shown to bejob-related for the position in question and is consistent with businessnecessity; or (H) fail to select and administer tests concerning employment inthe most effective manner to ensure that, when such test is administered to ajob applicant or employee who has a disability that impairs sensory, manual orspeaking skills, the test results accurately reflect the skills, aptitude orwhatever other factor of such applicant or employee that such test purports tomeasure, rather than reflecting the impaired sensory, manual or speaking skillsof such employee or applicant (except where such skills are the factors thatthe test purports to measure).
(9) For any employer to:
(A) Seek to obtain, to obtain or to use genetic screening or testinginformation of an employee or a prospective employee to distinguish between ordiscriminate against or restrict any right or benefit otherwise due oravailable to an employee or a prospective employee; or
(B) subject, directly or indirectly, any employee or prospective employee toany genetic screening or test.
(b) It shall not be an unlawful employment practice to fill vacancies insuch way as to eliminate or reduce imbalance with respect to race, religion,color, sex, disability, national origin or ancestry.
(c) It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator, lessee,manager, agent or employee of any place of public accommodation to refuse, denyor make a distinction, directly or indirectly, in offering its goods, services,facilities, and accommodations to any person as covered by this act because ofrace, religion, color, sex, disability, national origin or ancestry, exceptwhere a distinction because of sex is necessary because of the intrinsic natureof such accommodation.
(2) For any person, whether or not specifically enjoined from discriminatingunder any provisions of this act, to aid, abet, incite, compel or coerce thedoing of any of the acts forbidden under this act, or to attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly orindirectly, or discriminate in any way against persons because of the race,religion, color, sex, disability, national origin or ancestry of such personsin the full and equal use and enjoyment of the services, facilities, privilegesand advantages of any institution, department or agency of the state of Kansasor any political subdivision or municipality thereof.
History: L. 1961, ch. 248, § 5; L. 1965, ch. 323, § 6; L. 1970,ch. 192, § 5; L. 1972, ch. 194, § 7; L. 1974, ch. 209, § 6; L. 1991,ch. 147, § 6;L. 1999, ch. 32, § 2; July 1.
44-1009.Unlawful employment practices; unlawful discriminatorypractices.(a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, color, sex, disability,national origin or ancestry of any person to refuse to hire or employ suchperson to bar or discharge such person from employment or to otherwisediscriminate against such person in compensation or in terms, conditions orprivileges of employment; to limit, segregate, separate, classify or make anydistinction in regards to employees; or to follow any employment procedure orpractice which, in fact, results in discrimination, segregation or separationwithout a valid business necessity.
(2) For a labor organization, because of the race, religion, color,sex, disability, national origin or ancestry of any person, to exclude or toexpel from its membership such person or to discriminate in any way against anyof its members or against any employer or any person employed by an employer.
(3) For any employer, employment agency or labor organization to print orcirculate or cause to be printed or circulated any statement, advertisement orpublication, or to use any form of application for employment or membership orto make any inquiry in connection with prospective employment or membership,which expresses, directly or indirectly, any limitation, specification ordiscrimination as to race, religion, color, sex, disability, national origin orancestry, or any intent to make any such limitation, specification ordiscrimination, unless based on a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to discharge,expel or otherwise discriminate against any person because such person hasopposed any practices or acts forbidden under this act or because such personhas filed a complaint, testified or assisted in any proceeding under this act.
(5) For an employment agency to refuse to list and properly classifyfor employment or to refuse to refer any person for employment or otherwisediscriminate against any person because of such person's race, religion, color,sex, disability, national origin or ancestry; or to comply with a request froman employer for a referral of applicants for employment if the requestexpresses, either directly or indirectly, any limitation, specification ordiscrimination as to race, religion, color, sex, disability, national origin orancestry.
(6) For an employer, labor organization, employment agency, or school whichprovides, coordinates or controls apprenticeship, on-the-job, or other trainingor retraining program, to maintain a practice of discrimination, segregation orseparation because of race, religion, color, sex, disability, national originor ancestry, in admission, hiring, assignments, upgrading, transfers,promotion, layoff, dismissal, apprenticeship or other training or retrainingprogram, or in any other terms, conditions or privileges of employment,membership, apprenticeship or training; or to follow any policy or procedurewhich, in fact, results in such practices without a valid business motive.
(7) For any person, whether an employer or an employee or not, to aid, abet,incite, compel or coerce the doing of any of the acts forbidden under this act,or attempt to do so.
(8) For an employer, labor organization, employment agency or jointlabor-management committee to: (A) Limit, segregate or classify a job applicantor employee in a way that adversely affects the opportunities or status of suchapplicant or employee because of the disability of such applicant or employee;(B) participate in a contractual or other arrangement or relationship,including a relationship with an employment or referral agency, labor union, anorganization providing fringe benefits to an employee or an organizationproviding training and apprenticeship programs that has the effect ofsubjecting a qualified applicant or employee with a disability to thediscrimination prohibited by this act; (C) utilize standards criteria, ormethods of administration that have the effect of discrimination on the basisof disability or that perpetuate the discrimination of others who are subjectto common administrative control; (D) exclude or otherwise deny equal jobs orbenefits to a qualified individual because of the known disability of anindividual with whom the qualified individual is known to have a relationshipor association; (E) not make reasonable accommodations to the known physical ormental limitations of an otherwise qualified individual with a disability whois an applicant or employee, unless such employer, labor organization,employment agency or joint labor-management committee can demonstrate that theaccommodation would impose an undue hardship on the operation of the businessthereof; (F) deny employment opportunities to a job applicant or employee whois an otherwise qualified individual with a disability, if such denial is basedon the need to make reasonable accommodation to the physical or mentalimpairments of the employee or applicant; (G) use qualification standards,employment tests or other selection criteria that screen out or tend to screenout an individual with a disability or a class of individuals with disabilitiesunless the standard, test or other selection criteria, as used, is shown to bejob-related for the position in question and is consistent with businessnecessity; or (H) fail to select and administer tests concerning employment inthe most effective manner to ensure that, when such test is administered to ajob applicant or employee who has a disability that impairs sensory, manual orspeaking skills, the test results accurately reflect the skills, aptitude orwhatever other factor of such applicant or employee that such test purports tomeasure, rather than reflecting the impaired sensory, manual or speaking skillsof such employee or applicant (except where such skills are the factors thatthe test purports to measure).
(9) For any employer to:
(A) Seek to obtain, to obtain or to use genetic screening or testinginformation of an employee or a prospective employee to distinguish between ordiscriminate against or restrict any right or benefit otherwise due oravailable to an employee or a prospective employee; or
(B) subject, directly or indirectly, any employee or prospective employee toany genetic screening or test.
(b) It shall not be an unlawful employment practice to fill vacancies insuch way as to eliminate or reduce imbalance with respect to race, religion,color, sex, disability, national origin or ancestry.
(c) It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator, lessee,manager, agent or employee of any place of public accommodation to refuse, denyor make a distinction, directly or indirectly, in offering its goods, services,facilities, and accommodations to any person as covered by this act because ofrace, religion, color, sex, disability, national origin or ancestry, exceptwhere a distinction because of sex is necessary because of the intrinsic natureof such accommodation.
(2) For any person, whether or not specifically enjoined from discriminatingunder any provisions of this act, to aid, abet, incite, compel or coerce thedoing of any of the acts forbidden under this act, or to attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly orindirectly, or discriminate in any way against persons because of the race,religion, color, sex, disability, national origin or ancestry of such personsin the full and equal use and enjoyment of the services, facilities, privilegesand advantages of any institution, department or agency of the state of Kansasor any political subdivision or municipality thereof.
History: L. 1961, ch. 248, § 5; L. 1965, ch. 323, § 6; L. 1970,ch. 192, § 5; L. 1972, ch. 194, § 7; L. 1974, ch. 209, § 6; L. 1991,ch. 147, § 6;L. 1999, ch. 32, § 2; July 1.
44-1009.Unlawful employment practices; unlawful discriminatorypractices.(a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, color, sex, disability,national origin or ancestry of any person to refuse to hire or employ suchperson to bar or discharge such person from employment or to otherwisediscriminate against such person in compensation or in terms, conditions orprivileges of employment; to limit, segregate, separate, classify or make anydistinction in regards to employees; or to follow any employment procedure orpractice which, in fact, results in discrimination, segregation or separationwithout a valid business necessity.
(2) For a labor organization, because of the race, religion, color,sex, disability, national origin or ancestry of any person, to exclude or toexpel from its membership such person or to discriminate in any way against anyof its members or against any employer or any person employed by an employer.
(3) For any employer, employment agency or labor organization to print orcirculate or cause to be printed or circulated any statement, advertisement orpublication, or to use any form of application for employment or membership orto make any inquiry in connection with prospective employment or membership,which expresses, directly or indirectly, any limitation, specification ordiscrimination as to race, religion, color, sex, disability, national origin orancestry, or any intent to make any such limitation, specification ordiscrimination, unless based on a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to discharge,expel or otherwise discriminate against any person because such person hasopposed any practices or acts forbidden under this act or because such personhas filed a complaint, testified or assisted in any proceeding under this act.
(5) For an employment agency to refuse to list and properly classifyfor employment or to refuse to refer any person for employment or otherwisediscriminate against any person because of such person's race, religion, color,sex, disability, national origin or ancestry; or to comply with a request froman employer for a referral of applicants for employment if the requestexpresses, either directly or indirectly, any limitation, specification ordiscrimination as to race, religion, color, sex, disability, national origin orancestry.
(6) For an employer, labor organization, employment agency, or school whichprovides, coordinates or controls apprenticeship, on-the-job, or other trainingor retraining program, to maintain a practice of discrimination, segregation orseparation because of race, religion, color, sex, disability, national originor ancestry, in admission, hiring, assignments, upgrading, transfers,promotion, layoff, dismissal, apprenticeship or other training or retrainingprogram, or in any other terms, conditions or privileges of employment,membership, apprenticeship or training; or to follow any policy or procedurewhich, in fact, results in such practices without a valid business motive.
(7) For any person, whether an employer or an employee or not, to aid, abet,incite, compel or coerce the doing of any of the acts forbidden under this act,or attempt to do so.
(8) For an employer, labor organization, employment agency or jointlabor-management committee to: (A) Limit, segregate or classify a job applicantor employee in a way that adversely affects the opportunities or status of suchapplicant or employee because of the disability of such applicant or employee;(B) participate in a contractual or other arrangement or relationship,including a relationship with an employment or referral agency, labor union, anorganization providing fringe benefits to an employee or an organizationproviding training and apprenticeship programs that has the effect ofsubjecting a qualified applicant or employee with a disability to thediscrimination prohibited by this act; (C) utilize standards criteria, ormethods of administration that have the effect of discrimination on the basisof disability or that perpetuate the discrimination of others who are subjectto common administrative control; (D) exclude or otherwise deny equal jobs orbenefits to a qualified individual because of the known disability of anindividual with whom the qualified individual is known to have a relationshipor association; (E) not make reasonable accommodations to the known physical ormental limitations of an otherwise qualified individual with a disability whois an applicant or employee, unless such employer, labor organization,employment agency or joint labor-management committee can demonstrate that theaccommodation would impose an undue hardship on the operation of the businessthereof; (F) deny employment opportunities to a job applicant or employee whois an otherwise qualified individual with a disability, if such denial is basedon the need to make reasonable accommodation to the physical or mentalimpairments of the employee or applicant; (G) use qualification standards,employment tests or other selection criteria that screen out or tend to screenout an individual with a disability or a class of individuals with disabilitiesunless the standard, test or other selection criteria, as used, is shown to bejob-related for the position in question and is consistent with businessnecessity; or (H) fail to select and administer tests concerning employment inthe most effective manner to ensure that, when such test is administered to ajob applicant or employee who has a disability that impairs sensory, manual orspeaking skills, the test results accurately reflect the skills, aptitude orwhatever other factor of such applicant or employee that such test purports tomeasure, rather than reflecting the impaired sensory, manual or speaking skillsof such employee or applicant (except where such skills are the factors thatthe test purports to measure).
(9) For any employer to:
(A) Seek to obtain, to obtain or to use genetic screening or testinginformation of an employee or a prospective employee to distinguish between ordiscriminate against or restrict any right or benefit otherwise due oravailable to an employee or a prospective employee; or
(B) subject, directly or indirectly, any employee or prospective employee toany genetic screening or test.
(b) It shall not be an unlawful employment practice to fill vacancies insuch way as to eliminate or reduce imbalance with respect to race, religion,color, sex, disability, national origin or ancestry.
(c) It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator, lessee,manager, agent or employee of any place of public accommodation to refuse, denyor make a distinction, directly or indirectly, in offering its goods, services,facilities, and accommodations to any person as covered by this act because ofrace, religion, color, sex, disability, national origin or ancestry, exceptwhere a distinction because of sex is necessary because of the intrinsic natureof such accommodation.
(2) For any person, whether or not specifically enjoined from discriminatingunder any provisions of this act, to aid, abet, incite, compel or coerce thedoing of any of the acts forbidden under this act, or to attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly orindirectly, or discriminate in any way against persons because of the race,religion, color, sex, disability, national origin or ancestry of such personsin the full and equal use and enjoyment of the services, facilities, privilegesand advantages of any institution, department or agency of the state of Kansasor any political subdivision or municipality thereof.
History: L. 1961, ch. 248, § 5; L. 1965, ch. 323, § 6; L. 1970,ch. 192, § 5; L. 1972, ch. 194, § 7; L. 1974, ch. 209, § 6; L. 1991,ch. 147, § 6;L. 1999, ch. 32, § 2; July 1.
