History: L. 1970, ch. 194, §§ 1 to 9; Repealed, L. 1972, ch. 194, § 23; July 1.
History: L. 1972, ch. 195, § 1; July 1.
History: L. 1983, ch. 164, § 1; July 1.
(a) "Age" means an age of 18 or more years.
(b) "Commission" means the Kansas human rights commission created pursuant to K.S.A. 44-1003 and amendments thereto.
(c) "Employee" does not include any individual employed by the individual's parents, spouse or child.
(d) "Employer" means any person in this state who employs four or more persons and any person acting directly or indirectly for such a person, and includes the state and all political subdivisions of the state.
(e) "Employment agency" includes any person or governmental agency undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees.
(f) "Firefighter" means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position.
(g) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
(h) "Law enforcement officer" means an employee, the duties of whose position are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses against the criminal laws of Kansas or of offenses against any ordinance or resolution which imposes criminal sanctions and is adopted by a city, county or other political subdivision of Kansas, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purposes of this subsection, "detention" includes the duties of employees assigned to guard individuals incarcerated in any penal institution.
(i) "Person" means individual, partnership, association, organization, corporation, legal representative, trustee, trustee in bankruptcy or receiver.
History: L. 1983, ch. 164, § 2; L. 1988, ch. 174, § 1; L. 1991, ch. 148, § 7; July 1.
(1) For an employer, because of the age of a person, to refuse to hire or employ the person, to bar or discharge the person from employment or to otherwise discriminate against the person in compensation or in terms, conditions or privileges of employment; to limit, segregate, separate, classify or make any distinction in regard to employees because of age without a valid business motive.
(2) For an employer to reduce the wage rate of any employee in order to comply with the Kansas age discrimination in employment act.
(3) For a labor organization, because of the age of a person, to exclude or to expel the person from its membership or to discriminate in any way against any of its members or against any employer or any person employed by an employer because of age.
(4) For any employer, employment agency or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or membership or to make any inquiry in connection with prospective employment or membership, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, or any intent to make any such limitation, specification or discrimination.
(5) For any employer, employment agency or labor organization to discharge, expel or otherwise discriminate against any person because the person has opposed any practices or acts forbidden under this act or has filed a complaint, testified or assisted in any proceeding under this act.
(6) For an employment agency to refuse to list and properly classify for employment or to refuse to refer any person for employment or otherwise discriminate against any person because of age to comply with a request from an employer for a referral of applicants for employment if the request expresses, either directly or indirectly, any limitation, specification or discrimination as to age.
(7) For an employer, labor organization, employment agency or school which provides, coordinates or controls apprenticeship, on-the-job or other training or retraining program, to maintain a practice of discrimination, segregation or separation because of age, in admission, hiring, assignments, upgrading, transfers, promotion, layoff, dismissal, apprenticeship or other training or retraining program, or in any other terms, conditions or privileges of employment, membership, apprenticeship or training; or to follow any policy or procedure which, in fact, results in such practices without a valid business motive.
(8) 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.
(9) For an employer, employment agency, labor organization or any combination thereof to establish or maintain an employee pension benefit plan which requires or permits:
(A) In the case of a benefit plan, the cessation of an employee's benefit accrual or the reduction of the rate of an employee's benefit accrual, because of age; or
(B) in the case of a contribution plan, the cessation of allocations to an employee's account or the reduction of the rate at which amounts are allocated to an employee's account, because of age.
Nothing in this subsection (a)(9) shall be construed to prohibit an employer, employment agency or labor organization or any combination thereof from observing any provision of an employee pension benefit plan to the extent that such provision imposes, without regard to age, a limitation on the amount of benefits that the plan provides or a limitation on the number of years of service or years of participation which are taken into account for purposes of determining benefit accrual under the plan.
(b) It shall not be an unlawful employment practice to:
(1) Take any action on the basis of age, which is otherwise prohibited under subsection (a), if age is a bona fide occupational qualification necessary to the normal operation of the particular business or if the differentiation is based on necessary factors other than age;
(2) observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of article 10 of chapter 44 of Kansas Statutes Annotated, except that no such employee benefit plan shall excuse the failure to hire any individual and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual;
(3) observe the provisions of a retirement, pension or other benefit plan permitted by state or federal law or by ordinance or resolution; or
(4) Before January 1, 1994, for this state or any political subdivision of this state, or any agency or instrumentality thereof, or any interstate agency, to fail or refuse to hire or to discharge any individual because of such individual's age if such action is taken:
(A) With respect to the employment of an individual as a firefighter or as a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable state or local law on March 3, 1983, and
(B) pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade the purpose of this act.
History: L. 1983, ch. 164, § 3; L. 1988, ch. 174, § 2; April 28.
History: L. 1983, ch. 164, § 4; July 1.
History: L. 1983, ch. 164, § 5; L. 1988, ch. 356, § 152; L. 1995, ch. 247, § 3; July 1.
(b) The commission shall have the powers provided by K.S.A. 44-1030, 44-1031 and 44-1032, and amendments thereto, to enforce the provisions of this section.
History: L. 1983, ch. 164, § 6; July 1.
(b) Violation of this section is a misdemeanor punishable by imprisonment for not more than one year or by a fine of not more than $500, or both.
(c) Lawful use of procedures for review of a commission order shall not be considered a violation of this section.
History: L. 1983, ch. 164, § 7; July 1.
(b) Nothing in this act shall be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel, or discharge qualified or competent personnel.
(c) Nothing in this act shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least $44,000.
(d) Nothing in this act shall be construed to prohibit, before January 1, 1994, compulsory retirement of any employee who has attained 70 years of age and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education.
History: L. 1983, ch. 164, § 8; L. 1988, ch. 174, § 3; April 28.
History: L. 1983, ch. 164, § 9; July 1.
(1) Is in effect prior to the effective date of this act;
(2) terminates on or after the effective date of this act;
(3) has any provision which was entered into by a labor organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)); and
(4) contains any provision that would be superseded by such amendments, but for the operation of this section.
(b) This section shall be a part of and supplemental to the Kansas age discrimination in employment act.
History: L. 1988, ch. 174, § 4; April 28.
History: L. 1989, ch. 148, § 1; L. 1991, ch. 148, § 8; July 1.
(a) "Member of the military" means a member of the armed forces or national guard on active duty or a member of an active reserve unit in the armed forces or national guard.
(b) "Person" and "public accommodations" have the meanings provided by K.S.A. 44-1002 and amendments thereto.
History: L. 1993, ch. 233, § 1; July 1.
(1) Discriminate against a member of the military because of military status;
(2) discriminate against a member of the military with respect to employment, or employment position or status, because of membership or service in the military;
(3) deny employment to any member of the military, or disqualify for or discharge from employment any member of the military, because of membership or service in the military; or
(4) discharge from employment any member of the military because of the member's performance of emergency military duty.
(b) No officer or employee of the state or any political or taxing subdivision of the state shall:
(1) Discriminate against a member of the military because of military status;
(2) discriminate against a member of the military with respect to employment or appointment, or employment position or status, because of membership or service in the military; or
(3) deny employment to a member of the military, or disqualify for or discharge from employment any member of the military, because of membership or service in the military.
(c) No person shall prohibit or refuse entrance to, or otherwise discriminate against, any member of the military in any place of public accommodations because the member is wearing the member's military uniform or because of the member's membership or service in the military.
History: L. 1993, ch. 233, § 2; July 1.
History: L. 1993, ch. 233, § 3; July 1.
(a) Consideration or application of characteristics directly affecting the credit worthiness of a member of the military; or
(b) sales promotions or discounts limited to members of specified groups of people.
History: L. 1993, ch. 233, § 4; July 1.
(a) "Domestic violence" means abuse as defined in K.S.A. 60-3102, and amendments thereto.
(b) "Sexual assault" means any crime defined in K.S.A. 21-3502 (rape), 21-3503 (indecent liberties with a child), 21-3504 (aggravated indecent liberties with a child), 21-3505 (criminal sodomy), 21-3506 (aggravated criminal sodomy), 21-3602 (incest) or 21-3603 (aggravated incest), and amendments thereto.
History: L. 2006, ch. 213, § 9; Jan. 1, 2007.
(1) Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety or welfare of the victim or the victim's child or children;
(2) seek medical attention for injuries caused by domestic violence or sexual assault;
(3) obtain services from a domestic violence shelter, domestic violence program or rape crisis center as a result of domestic violence or sexual assault; or
(4) make court appearances in the aftermath of domestic violence or sexual assault.
(b) (1) As a condition of taking time off for a purpose set forth in subsection (a), the employee shall give the employer reasonable advance notice of the employee's intention to take time off, unless such advance notice is not feasible. Within 48 hours after returning from the requested time off, the employee shall provide documentation which may include, but is not limited to, that described in subsection (b)(2) to support taking time off for a purpose set forth in subsection (a).
(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within 48 hours after the beginning of the unscheduled absence, provides a certification to the employer in the form of any of the following:
(A) A police report indicating that the employee was a victim of domestic violence or sexual assault;
(B) a court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or
(C) documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence or sexual assault.
(c) To the extent allowed by law, the employer shall maintain the confidentiality of any employee requesting leave under subsection (a), as well as the confidentiality of any supporting documentation provided by the employee to the employer relating to a purpose set forth in subsection (a).
(d) An employee may use any accrued paid leave or, if paid leave is unavailable to the employee, unpaid leave, not to exceed a total of eight days per calendar year, as time off for a purpose specified in subsection (a), unless a longer period of time is otherwise available to an employee under the applicable terms of employment or is provided by a collective bargaining agreement. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
History: L. 2006, ch. 213, § 10; Jan. 1, 2007.