reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 20 - CRIME VICTIMS COMPENSATION BOARD › Article 15 - NOTORIETY FOR PROFIT CONTRACTS › Section 20-15-2 - Separate escrow accounts under L. 1986, ch. 306, sec. 2

Current through Register Vol. 43, No. 28, July 11, 2024
(a) After moneys subject to provision of L. 1986, ch. 306, sec.
				2 are received by the board, a request shall be made by the board, to the
				director of accounts and reports, that the director establish a separate
				interest-bearing escrow account for each contract entered.
(b) When an escrow account has insufficient funds to meet all
				claims presented by victims or their representatives, the escrow account shall
				be prorated among the victims or their representatives on the basis of the full
				amount of the unsatisfied claim or partially satisfied claim. No payment shall
				be made from the escrow account to a victim or a victim's representative until
				either the amounts of all unsatisfied claims are determined, or it is
				determined that the payment for an unsatisfied claim will not diminish the
				escrow account to the extent that other potential victim claims could not be
				satisfied.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-2 - Test defined

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of the guidelines in this part, the term "test"
				is defined as any paper-and-pencil or performance measure used as a basis for
				any employment decision. The guidelines in this part apply, for example, to
				ability tests which are designed to measure eligibility for hire, transfer,
				promotion, membership, training, referral or retention. This definition
				includes, but is not restricted to, measure of general intelligence, mental
				ability and learning ability; specific intellectual abilities; mechanical,
				clerical and other aptitudes; dexterity and coordination; knowledge and
				proficiency; occupational and other interests; and attitudes, personality or
				temperament. The term "test" includes all formal, scored, quantified or
				standardized techniques of assessing job suitability including, in addition to
				the above specific qualifying or disqualifying personal history or background
				requirements, specific educational or work history requirements, scored
				interviews, biographical information blanks, interviewers' rating scales,
				scored application forms, etc.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-3 - Discrimination defined

Current through Register Vol. 43, No. 28, July 11, 2024
The use of any test which adversely affects hiring, promotion,
				transfer or any other employment or membership opportunity of classes protected
				by the Kansas act against discrimination constitutes discrimination unless:
(a) The test has been validated and
			 evidences a high degree of utility as hereinafter described, and
(b) the person giving or acting upon the
			 results of the particular test can demonstrate that alternative suitable
			 hiring, transfer or promotion procedures are unavailable for his use.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-6 - Presentation of validity evidence

Current through Register Vol. 43, No. 28, July 11, 2024
The presentation of the results of a validation study must
				include graphical and statistical representations of the relationships between
				the test and the criteria, permitting judgments of the test's utility in making
				predictions of future work behavior.
[See 21-30-5 (c) concerning assessing utility of a test.]
				Average scores for all tests and criteria must be reported for all relevant
				subgroups, including minority and nonminority groups where differential
				validation is required. Whenever statistical adjustments are made in validity
				results for less than perfect reliability or for restriction of score range in
				the test or the criterion, or both, the supporting evidence from the validation
				study must be presented in detail. Furthermore, for each test that is to be
				established or continued as an operational employee selection instrument, as a
				result of the validation study, the minimum acceptable cutoff (passing) score
				on the test must be reported. It is expected that each operational cutoff score
				will be reasonable and consistent with normal expectations of proficiency
				within the work force or group on which the study was conducted.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-7 - Use of other validity studies

Current through Register Vol. 43, No. 28, July 11, 2024
In cases where the validity of a test cannot be determined
				pursuant to 21-30-4 and 21-30-5 (
e.g.
, the number of subjects
				is less than that required for a technically adequate validation study, or an
				appropriate criterion measure cannot be developed), evidence from validity
				studies conducted in other organizations, such as that reported in test manuals
				and professional literature, may be considered acceptable when:
(a) The studies pertain to jobs which are
			 comparable (
i.e.
, have basically the same task elements), and
(b) there are no major differences
			 in contextual variables or sample composition which are likely to significantly
			 affect validity. Any person citing evidence from other validity studies as
			 evidence of test validity for his own jobs must substantiate in detail job
			 comparability and must demonstrate the absence of contextual or sample
			 differences cited in paragraphs (a) and (b) of this section.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-8 - Assumption of validity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Under
			 no circumstances will the general reputation of a test, its author or its
			 publisher, or casual reports of test utility be accepted in lieu of evidence of
			 validity. Specifically ruled out are: assumptions of validity based on test
			 names or descriptive labels; all forms of promotional literature; data bearing
			 on the frequency of a test's usage; testimonial statements of sellers, users,
			 or consultants; and other nonempirical or anecdotal accounts of testing
			 practices or testing outcomes.
(b)
			 Although professional supervision of testing activities may help greatly to
			 insure technically sound and nondiscriminatory test usage, such involvement
			 alone shall not be regarded as constituting satisfactory evidence of test
			 validity.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-9 - Continued use of tests

Current through Register Vol. 43, No. 28, July 11, 2024
Under certain conditions, a person may be permitted to continue
				the use of a test which is not at the moment fully supported by the required
				evidence of validity. If, for example, determination of criterion-related
				validity in a specific setting is practicable and required but not yet
				obtained, the use of the test may continue: Provided:
(a) The person can cite substantial evidence
			 of validity as described in 21-30-7 (a) and
(b); and
(b) He has in progress validation procedures
			 which are designed to produce, within a reasonable time, the additional data
			 required. It is expected also that the person may have to alter or suspend test
			 cutoff scores so that score ranges broad enough to permit the identification of
			 criterion-related validity will be obtained.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-10 - Employment agencies and employment services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 employment service, including private employment agencies, and state employment
			 agencies, as defined in K.S.A. 44-1002(e), shall not make applicant or
			 employee appraisals or referrals based on the results obtained from any
			 psychological test or other selection standard not validated in accordance with
			 these guidelines.
(b) An
			 employment agency or service which is requested by an employer or union to
			 devise a testing program is required to follow the standards for test
			 validation as set forth in these guidelines. An employment service is not
			 relieved of its obligation herein because the test user did not request such
			 validation or has requested the use of some lesser standard than is provided in
			 these guidelines.
(c) Where an
			 employment agency or service is requested only to administer a testing program
			 which has been elsewhere devised, the employment agency or service shall
			 request evidence of validation, as described in the guidelines in this part,
			 before it administers the testing program and/or makes referral pursuant to the
			 test results. The employment agency must furnish on request such evidence of
			 validation. An employment agency or service will be expected to refuse to
			 administer a test where the employer or union does not supply satisfactory
			 evidence of validation. Reliance by the user on the reputation of the test, its
			 author, or the name of the test shall not be deemed sufficient evidence of
			 validity [see 21-30-8 (a)]. An employment agency or service may administer a
			 testing program where the evidence of validity comports with the standards
			 provided in 21-30-7.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-11 - Disparate treatment

Current through Register Vol. 43, No. 28, July 11, 2024
The principle of disparate or unequal treatment must be
				distinguished from the concepts of test validation. A test or other employee
				selection standard even though validated against job performance in accordance
				with the guidelines in this part cannot be imposed upon any individual or class
				protected by the Kansas act against discrimination where other employees,
				applicants or members have not been subjected to that standard. Disparate
				treatment, for example, occurs where members of a minority group have been
				denied the same employment, promotion, transfer or membership opportunities as
				have been made available to other employees or applicants. Those employees or
				applicants who have been denied equal treatment, because of prior
				discriminatory practices or policies, must at least be afforded the same
				opportunities as had existed for other employees or applicants during the
				period of discrimination. Thus, no new test or other employee selection
				standard can be imposed upon a class of individuals protected by the Kansas act
				against discrimination who, but for prior discrimination, would have been
				granted the opportunity to qualify under less stringent selection standards
				previously in force.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-12 - Retesting

Current through Register Vol. 43, No. 28, July 11, 2024
Employers, unions, and employment agencies should provide an
				opportunity for retesting and reconsideration to earlier "failure" candidates
				who have availed themselves of more training or experience. In particular, if
				any applicant or employee during the course of an interview or other employment
				procedure claims more education or experience, that individual should be
				retested.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-13 - Other selection techniques

Current through Register Vol. 43, No. 28, July 11, 2024
Selection techniques other than tests, as defined in 21-30-2,
				may be improperly used so as to have the effect of discriminating against
				minority groups. Such techniques include, but are not restricted to, unscored
				or casual interviews and unscored application forms. Where there are data
				suggesting employment discrimination, the person may be called upon to present
				evidence concerning the validity of his unscored procedures as well as of any
				tests which may be used, the evidence of validity being of the same types
				referred to in 21-30-4 and 21-30-5. Data suggesting the possibility of
				discrimination exist, for example, when there are differential rates of
				applicant rejection from various minority and nonminority groups for the same
				job or group of jobs or when there are disproportionate representations of
				minority and nonminority groups among present employees in different types of
				jobs. If the person is unable or unwilling to perform such validation studies,
				he has the option of adjusting employment procedures so as to eliminate the
				conditions suggestive of employment discrimination.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-14 - Affirmative action

Current through Register Vol. 43, No. 28, July 11, 2024
Nothing in these guidelines shall be interpreted as diminishing
				a person's obligation under the Kansas act against discrimination to undertake
				affirmative action to ensure that applicants or employees are treated without
				regards to race, religion, color, national origin or ancestry. Specifically,
				the use of tests which have been validated pursuant to these guidelines does
				not relieve employers, unions or employment agencies of their obligations to
				take positive action in affording employment and training to members of classes
				protected by the Kansas act against discrimination.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-15 - Word-of-mouth recruiting

Current through Register Vol. 43, No. 28, July 11, 2024
Employers and/or labor organizations whose workforces or
				memberships do not bear a reasonable relationship to the racial and/or ethnic
				pattern of the general population in their recruiting areas, may not recruit
				exclusively or even primarily by means of word-of-mouth referrals from present
				employees or present members.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-16 - Preference to relatives, friends or neighbors of present employees or members

Current through Register Vol. 43, No. 28, July 11, 2024
Employers and/or labor organizations whose workforces or
				memberships do not bear a reasonable relationship to the racial and/or ethnic
				pattern of the general population in their recruiting areas, may not give
				preference in hiring or in admission to membership to relatives, friends or
				neighbors of present employees or present members by reason of such
				relationships.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-17 - Pre-employment inquiries and practices

Current through Register Vol. 43, No. 28, July 11, 2024
K.S.A. 44-1009(a)  (3) prohibits, among others, the following
				pre-employment or pre-membership inquiries and practices:
(a) Inquiry into the birthplace of an
			 applicant, the applicant's spouse or parents or any other close relative.
(b) Any requirement that an
			 applicant submit a birth certificate, naturalization or baptismal record with
			 his application.
(c) Any
			 requirement or suggestion that an applicant submit a photograph with his
			 application or at any time before he is hired.
(d) Inquiry into the name and address of any
			 relative of an adult applicant other than applicant's spouse or children.
(e) Any inquiry into organization
			 memberships, the name or character of which could indicate the race, religion,
			 color, national origin or ancestry of the applicant.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-19 - Recruitment and referral agencies

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Public and private services. Where necessary to eliminate the continuing
			 effects of prior discrimination, the commission may require employers "to
			 establish continuing relationships with referral sources which may include, but
			 is not limited to,
(1) Public referral
			 services and agencies; and
(2)
			 Private referral agencies and services, including those operated for profit."
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 30 - GUIDELINES ON EMPLOYEE SELECTION PROCEDURES AND RECRUITMENT › Section 21-30-20 - Temporary employment

Current through Register Vol. 43, No. 28, July 11, 2024
Where necessary to eliminate the continuing effects of prior
				discrimination, the commission may require employers to hire its summer,
				seasonal or any other temporary employees on the same basis as permanent
				employees.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 31 - GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN OR ANCESTRY › Section 21-31-1 - Construction of BFOQ Exemption

Current through Register Vol. 43, No. 28, July 11, 2024
The bona fide occupational qualification exemption of K.S.A.
				44-l009(a)  (3) shall be strictly construed as it pertains to cases of national
				origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 31 - GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN OR ANCESTRY › Section 21-31-2 - Covert and overt discrimination

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas act against discrimination is intended to eliminate
				covert as well as the overt practices of discrimination, and the commission
				will, therefore, examine with particular concern cases where persons within the
				jurisdiction of the commission have been denied equal opportunities for reasons
				which are grounded in national origin or ancestry considerations. Examples of
				cases of this character include: The use of tests in the English language where
				the individual tested came from circumstances where English was not that
				person's first language or mother tongue, and where English language skill is
				not a requirement of the task to be performed; denial of equal opportunity to
				persons married to or associated with persons of a specific national origin or
				ancestry; denial of equal opportunity because of membership in lawful
				organizations identified with or seeking to promote the interests of national
				groups; denial of equal opportunity because of attendance at schools or
				churches commonly utilized by persons of a given national origin or ancestry;
				denial of equal opportunity because their name or that of their spouse reflects
				a certain national origin or ancestry; and denial of equal opportunity to
				persons who as a class of persons tend to fall outside national norms for
				height and weight where such height and weight specifications are not necessary
				for the performance of the work involved.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 31 - GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN OR ANCESTRY › Section 21-31-3 - Protection of noncitizens

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas act against discrimination protects all individuals,
				both citizens and noncitizens, domiciled, residing or transient in the state of
				Kansas, against discrimination in employment, public accommodations and housing
				because of race, religion, color, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 31 - GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN OR ANCESTRY › Section 21-31-4 - Protection of national security

Current through Register Vol. 43, No. 28, July 11, 2024
Because discrimination of the basis of citizenship has the
				effect of discriminating on the basis of national origin, a lawfully immigrated
				alien who is domiciled, residing or transient in the state of Kansas may not be
				discriminated against on the basis of his citizenship, except that it is not an
				unlawful practice for an employer to refuse to employ any person who does not
				fulfill the requirements imposed in the interest of federal or state security
				pursuant to any statute of the United States or the state of Kansas or pursuant
				to any executive order of the president or the governor respecting the
				particular position or the particular premises in question.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-1 - Sex as a bona fide occupational qualification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 bona fide occupational qualification exceptions as to sex should be interpreted
			 narrowly. Labels "men's jobs" and "women's jobs" tend to deny employment
			 opportunities unnecessarily to one sex or the other.
(1) The commission will find that the
			 following situations do not warrant the application of the bona fide
			 occupational qualification exceptions:
(a)
			 The refusal to hire a woman because of her sex, based on assumptions of the
			 comparative employment characteristics of women in general. For example, the
			 assumption that the turnover rate among women is higher than among men.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-2 - Fringe benefits

Current through Register Vol. 43, No. 28, July 11, 2024
"Fringe benefits," as used herein includes medical, hospital,
				accident, life insurance and retirement benefits; profit sharing and bonus
				plans; leave and other terms, conditions and privileges of employment.
(a) It shall be an unlawful employment
			 practice for an employer to discriminate between men and women with regard to
			 fringe benefits.
(b) Where an
			 employer conditions benefits available to employees and their spouses and
			 families on whether the employee is the "head of the household" or "principle
			 wage earner" in the family unit, the benefits tend to be available only to male
			 employees and their families. Due to the fact that such conditioning
			 discriminatorily affects the rights of women employees, and that "head of the
			 household" or "principle wage earner" status bears no relationship to job
			 performance, benefits which are so conditioned will be found a prima facie
			 violation of the prohibitions against sex discrimination contained in the act.
(c) It shall be an unlawful
			 employment practice for an employer to make available benefits for the wives
			 and families of male employees where the same benefits are not made available
			 for the husbands and families of female employees; or to make available
			 benefits for the wives of male employees which are not made available for
			 female employees; or to make available benefits to the husbands of female
			 employees which are not made available for male employees. An example of such
			 an unlawful employment practice is the situation in which wives of male
			 employees receive maternity benefits while female employees receive no such
			 benefits.
(d) It shall not be a
			 defense to a charge of sex discrimination in benefits that the cost of such
			 benefits is greater with respect to one sex than the other.
(e) It shall be an unlawful employment
			 practice for an employer to have a pension or retirement plan which establishes
			 different optional or compulsory retirement ages on the basis of sex, or which
			 differentiates in benefits on the basis of sex.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-3 - Separate lines of progression and seniority systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It is
			 an unlawful employment practice to classify a job as "male" or "female" or to
			 maintain separate lines of progression or separate seniority lists based on sex
			 where this would adversely affect any employee unless sex is a bona fide
			 occupational qualification for that job. Accordingly, employment practices are
			 unlawful which arbitrarily classify jobs so that:
(1) A female is prohibited from applying for
			 a job labeled "male" or for a job in a "male" line of progression; and vice
			 versa.
(2) A male scheduled for
			 layoff is prohibited from displacing a less senior female on a "female"
			 seniority list; and vice versa.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-4 - Discrimination against married women

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 commission has determined that an employer's rule which forbids or restricts
			 the employment of married women and which is not applicable to married men is a
			 discrimination based on sex prohibited by the Kansas act against
			 discrimination. It does not seem to us relevant that the rule is not directed
			 against all females, but only against married females, for so long as sex is a
			 factor in the application of the rule, such application involves a
			 discrimination based on sex. This rule also applies to unmarried women who
			 happen to be mothers for example; in many instances women who have small
			 children in the home are denied employment. Such discrimination usually takes
			 place at the initial employer's screening process through the asking of such
			 questions as "How old are your children? How many children do you have? What
			 are your plans for providing care for your children?"
(b) An employed woman should not have her
			 employment terminated when she marries a man who works for the same business or
			 institution by whom she is employed. At the same time, a woman should not be
			 denied employment by an employer due to rules against nepotism if she is
			 otherwise qualified to perform the required work.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-5 - Pre-employment inquiries as to sex

Current through Register Vol. 43, No. 28, July 11, 2024
Pre-employment inquiry may ask "Male . . ., Female . . .;"
				provided that the inquiry is made in good faith for a non-discriminatory
				purpose. Any pre-employment inquiry in connection with prospective employment
				which expresses directly or indirectly any limitation, specification or
				discrimination as to sex shall be unlawful unless based upon a bona fide
				occupational qualification.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-6 - Pregnancy and childbirth

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 written or unwritten employment policy or practice which excludes from
			 employment applicants or employees because of pregnancy is prima facie
			 discrimination.
(b) Disabilities
			 caused or contributed to by pregnancy, miscarriage, abortion, childbirth and
			 recovery therefrom, are for all job related purposes, temporary disabilities
			 and should be treated as such under any health or temporary disability
			 insurance or sick leave plan available in connection with employment. Written
			 or unwritten employment policies and practices involving matters such as the
			 commencement and duration of leave, the availability of extensions, the accrual
			 of seniority and other benefits and privileges, reinstatement, and payment
			 under any health or temporary disability insurance or sick leave plan, formal
			 or informal, shall be applied to disability due to pregnancy or childbirth on
			 the same terms and conditions as they are applied to other temporary
			 disabilities.
(c) Where the
			 termination of an employee who is temporarily disabled is caused by an
			 employment policy under which insufficient or no leave is available, such
			 termination is discriminatory if it has a disparate impact on employees of one
			 sex and is not justified by business necessity.
(d) Childbearing must be considered by the
			 employer to be a justification for a leave of absence for female employees for
			 a reasonable period of time. Following childbearing, and upon signifying her
			 intent to return within a reasonable time, such female employee shall be
			 reinstated to her original job or to a position of like status and pay without
			 loss of service, credits, seniority or other benefits.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-7 - Affirmative action

Current through Register Vol. 43, No. 28, July 11, 2024
The employer shall take affirmative action to recruit women to
				apply for those jobs where they have been previously excluded. Such affirmative
				action may include but is not limited to notifying employment referral agencies
				that women are welcome to apply for all positions, recruiting at women's
				colleges and the use of advertising which is not classified by sex.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 32 - GUIDELINES ON DISCRIMINATION BECAUSE OF SEX › Section 21-32-8 - Job opportunities advertising

Current through Register Vol. 43, No. 28, July 11, 2024
It is a violation of the Kansas act against discrimination for
				a help wanted advertisement to indicate a preference, limitation, specification
				or discrimination based on sex unless sex is a bona fide occupational
				qualification for the particular job involved. The placement of an
				advertisement in columns classified by publishers on the basis of sex, such
				columns headed "male" or "female," will be considered as an expression of
				preference, limitation, specification or discrimination based on sex.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 33 - GUIDELINES ON DISCRIMINATION BECAUSE OF RELIGION › Section 21-33-1 - Statement of purpose

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 guidelines in this part have been adopted to contribute to the implementation
			 of non-discriminatory personnel policies with respect to employee religious
			 beliefs as required by the Kansas act against discrimination. The guidelines in
			 this part are designed to serve as a workable set of standards for employers,
			 unions and employment agencies in determining whether their policies concerning
			 employee religious beliefs conform with the basic purposes of the elimination
			 of discrimination in employment as defined by the act.
(b) Observance of sabbath and other religious
			 holidays. Regarding whether it is discrimination on account of religion to
			 discharge or refuse to hire employees who regularly observe Friday evening and
			 Saturday, or some other day of the week, as the Sabbath or who observe certain
			 special religious holidays during the year and, as a consequence, do not work
			 on such days, the commission finds that the duty not to discriminate on
			 religious grounds, under the act, includes an obligation on the part of the
			 employer to make reasonable accommodations to the religious needs of employees
			 and prospective employees where such accommodations can be made without undue
			 hardship on the conduct of the employer's business. Such undue hardship, for
			 example, may exist where the employee's needed work cannot be performed by
			 another employee of substantially similar qualifications during the period of
			 absence of the Sabbath observer. Because of the particularly sensitive nature
			 of discharging or refusing to hire an employee or applicant on account of his
			 religious beliefs, the employer has the burden of proving that an undue
			 hardship renders the required accommodations to the religious needs of the
			 employee unreasonable. The commission will review each case in an effort to
			 seek an equitable application of these guidelines to the variety of situations
			 which arise due to the varied religious practices of the people of Kansas.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				commission's regulations and in K.S.A. 44-1001  et seq. and amendments thereto, shall
				have the meaning specified in this regulation:
(a) "Covered entity" means an employer, labor
			 organization, employment agency, or joint labor-management committee.
(b) "Direct threat" means a significant risk of
			 substantial harm to the health or safety of an individual or others that cannot be
			 eliminated or reduced by reasonable accommodation.
(c) "Essential function" means the fundamental job
			 duties of the employment position that an individual with a disability holds or
			 seeks. The term "essential function" shall not include the marginal functions of the
			 position.
(d) "Has a record of such
			 impairment" means has a history of, or has been misclassified as having, a mental or
			 physical impairment that substantially limits one or more major life
			 activities.
(e) "Illegal use of drugs"
			 means the use of drugs, the possession or distribution of which is unlawful under
			 the controlled substances act,  21 U.S.C. 812. This term shall not include the use of
			 a drug taken under the supervision of a licensed health care professional, or other
			 uses authorized by controlled substances act or other provisions of federal or
			 Kansas law.
(f) "Physical or mental
			 impairment" means either of the following:
(1) Any
			 physiological disorder or condition, cosmetic disfigurement, or anatomical loss
			 affecting one or more body organs or body systems; or
(2) any mental or psychological disorder,
			 including an intellectual disability, organic brain syndrome, emotional or mental
			 illness, and learning disabilities.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-2 - Medical examinations and inquiries; general prohibition

Current through Register Vol. 43, No. 28, July 11, 2024
The prohibition against discrimination as referred to in K.S.A.
				44-1009(a)(1)  and 44-1009(a)(8)  shall include medical examinations and
				inquiries.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-3 - Preemployment medical examinations and inquiries

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Prohibited examination or inquiry. A covered entity shall not conduct a medical
			 examination or make inquiries of a job applicant as to whether the applicant is
			 an individual with a disability or as to the nature or severity of the
			 applicant's disability, except as provided in 21-34-4.
(b) Acceptable inquiry. A covered entity may
			 make preemployment inquiries into the ability of an applicant to perform
			 job-related functions.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-4 - Employment entrance examinations and inquiries; exception

Current through Register Vol. 43, No. 28, July 11, 2024
A covered entity may require a medical examination, inquiry, or
				both after an offer of employment has been made to a job applicant and prior to
				the commencement of the employment duties of the applicant, and may condition
				an offer of employment on the results of the examination, inquiry, or both if:
(a) all entering employees in the
			 same job category are subjected to an examination, inquiry, or both regardless
			 of disability;
(b) information
			 obtained regarding the medical condition or history of the applicant is
			 collected and maintained on separate forms and in separate medical files and is
			 treated as a confidential medical record, except that:
(1) supervisors and managers may be informed
			 regarding necessary restrictions on the work or duties of the employee and
			 necessary accommo-dations;
(2)
			 first aid and safety personnel may be informed, when appropriate, if the
			 disability might require emergency treatment; and
(3) government officials investigating
			 compliance with this act shall be provided relevant information on request; and
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-5 - Prohibited medical examinations and inquiries

Current through Register Vol. 43, No. 28, July 11, 2024
A covered entity shall not require a medical examination and
				shall not make inquiries of an employee as to whether such employee is an
				individual with a disability or as to the nature or severity of the disability,
				unless such examination or inquiry is shown to be job-related and consistent
				with business necessity.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-6 - Acceptable medical examinations and inquiries

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 covered entity may conduct voluntary medical examinations, including voluntary
			 medical histories, which are part of an employee health program available to
			 employees at the work site. A covered entity may make inquiries into the
			 ability of an employee to perform job-related functions.
(b) Information obtained under subsection (a)
			 regarding the medical condition or history of any employee is subject to the
			 requirements of subsections (b) and (c) of 21-34-4.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-7 - Regulation of alcohol and drugs

Current through Register Vol. 43, No. 28, July 11, 2024
These regulations do not prohibit a covered entity from:
(a) prohibiting the illegal use of
			 drugs and the use of alcohol at the workplace by all employees;
(b) requiring that employees not be under the
			 influence of alcohol or drugs at the workplace;
(c) requiring that employees behave in
			 conformance with the requirements established pursuant to the Drug-Free
			 Workplace Act of 1988 (41 U.S.C. 701 et seq.);
(d) holding an employee who engages in the
			 illegal use of drugs or who is an alcoholic to the same qualification standards
			 for employment or job performance and behavior that the entity holds other
			 employees, even if any unsatisfactory performance or behavior is related to the
			 employee's drug use or alcoholism;
(e) requiring that its employees employed in
			 an industry subject to federal regulations comply with the standards
			 established in those regulations, if any, regarding alcohol and the illegal use
			 of drugs; and
(f) requiring that
			 employees employed in sensitive positions in an industry subject to federal
			 regulations comply with those regulations, if any, that apply to employment in
			 sensitive positions.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-8 - Drug testing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 test to determine the illegal use of drugs shall not be considered a medical
			 examination.
(b) Nothing in this
			 paragraph shall be construed to encourage, prohibit, or authorize the
			 conducting of drug tests for the illegal use of drugs by job applicants or
			 employees or making employment decisions based on the test results.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-9 - Transportation employees

Current through Register Vol. 43, No. 28, July 11, 2024
Nothing in these regulations should be construed to encourage,
				prohibit, restrict or authorize the otherwise lawful exercise by entities
				subject to the jurisdiction of the United States Department of Transportation
				of authority to:
(a) test employees
			 of entities in, and applicants for, positions involving safety sensitive duties
			 for the illegal use of drugs and/or for on-duty impairment by alcohol; and
(b) remove persons who test
			 positive for illegal use of drugs or on-duty impairment by alcohol pursuant to
			 subsection (b)(1) of this regulation from safety-sensitive positions.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-10 - Information from a drug test

Current through Register Vol. 43, No. 28, July 11, 2024
Any information regarding the medical condition or history of
				any employee or applicant obtained from a drug test, except information
				regarding illegal use of drugs, is subject to the requirements of subsections
				(b) and (c) of 21-34-4.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-11 - Illegal use of drugs and alcohol; exception to the definition of qualified individuals with a disability; policies and procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 term "qualified individual with a disability" shall not include any employee or
			 applicant who is engaging in the illegal use of drugs, when the covered entity
			 acts on the basis of the illegal use of drugs.
(b) Nothing in subsection (a) of this
			 regulation shall be construed to exclude as a "qualified individual with a
			 disability" an individual who:
(1) has
			 successfully completed a supervised drug rehabilitation program and is no
			 longer engaging in the illegal use of drugs, or has otherwise been
			 rehabilitated successfully and is no longer engaging in the illegal use of
			 drugs; or
(2) is participating in
			 a supervised rehabilitation program and is no longer engaging in the illegal
			 use of drugs; or
(3) is
			 erroneously regarded as engaging in the illegal use of drugs, but is not
			 engaging in the illegal use of drugs.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-13 - Direct threat; criteria for determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 determination that an individual with a disability poses a "direct threat"
			 shall be based on an individualized assessment of the individual's present
			 ability to safely perform the essential functions of the job. This assessment
			 shall be based on a reasonable medical judgment that relies on the most current
			 medical knowledge, on the best available objective evidence, or both.
(b) In determining whether an
			 individual would pose a direct threat, the factors to be considered include:
(1) the duration of the risk;
(2) the nature and severity of the potential
			 harm;
(3) the likelihood that the
			 potential harm will occur; and
(4)
			 the imminence of the potential harm.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-14 - Essential function; criteria for determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A job
			 function may be considered essential for any of several reasons, including but
			 not limited to the following:
(1) the
			 function may be essential because the reason the position exists is to perform
			 that function;
(2) the function
			 may be essential because of the limited number of employees available among
			 whom the performance of that job function can be distributed; and
(3) the function may be highly specialized so
			 that the incumbent in the position is hired for his or her expertise or ability
			 to perform the particular function.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-15 - Direct threat as qualification standard

Current through Register Vol. 43, No. 28, July 11, 2024
The term "qualification standards" may include a requirement
				that an individual shall not pose a direct threat to the health or safety of
				that individual or others in the workplace.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-16 - Infectious and communicable diseases; food handling jobs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an
			 individual with a disability is disabled by an infectious or communicable
			 disease and if the risk of transmitting the disease associated with the
			 handling of food cannot be eliminated by reasonable accommodation, a covered
			 entity may refuse to assign or continue to assign the individual to a job
			 involving food handling. However, if the individual with a disability is a
			 current employee, the employer must consider whether he or she can be
			 accommodated by reassignment to a vacant position not involving food handling.
(b) This regulation does not
			 preempt, modify, or amend any State, county, or local law, ordinance or
			 regulation applicable to food handling which:
(1) provide greater or equal protection for
			 the rights of individuals with disabilities disabled by an infectious or
			 communicable disease that are afforded by the Americans with Disabilities Act
			 of 1990; and
(2) is designed to
			 protect the public from individuals who pose a significant health risk to the
			 health and safety of others, where that risk cannot be eliminated by reasonable
			 accommodation.