reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-19 - Undue hardship; definition; criteria for determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Undue hardship" means an action requiring significant difficulty or expense.
(b) Criteria for determination. In
			 determining whether an accommodation would impose an undue hardship on a
			 covered entity, factors to be considered include:
(1) the nature and net cost of the
			 accommodation needed under this act, taking into consideration the availability
			 of tax credits and deductions, outside funding, or both;
(2)
(A) the
			 overall financial resources of the facility or facilities involved in the
			 provision of the reasonable accommodation;
(B) the number of persons employed at the
			 facility;
(C) the effect on
			 expenses and resources, or any other impact of the accommodation upon the
			 operation, of the facility;
(3)
(A) the
			 overall financial resources of the covered entity;
(B) the overall size of the business of a
			 covered entity with respect to the number of its employ-ees;
(C) the number, type, and location of its
			 facilities; and
(4)
(A) the type of operation or operations of
			 the covered entity, including the composition, structure, and functions of the
			 workforce of the entity;
(B) the
			 geographic separateness, administrative, or fiscal relationship of the facility
			 or facilities in question to the covered entity.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-20 - Exceptions to the definitions of disability

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 term "disability" does not include:
(1)
			 transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender
			 identity disorders not resulting from physical impairments, or other sexual
			 behavior disorders;
(2) compulsive
			 gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders
			 resulting from current illegal use of drugs.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 34 - DISCRIMINATION BECAUSE OF DISABILITY › Section 21-34-21 - Health insurance, life insurance, and other benefit plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 insurer, hospital, or medical service company, health maintenance organization,
			 or any agent or entity that administers benefit plans, or similar
			 organizations, may underwrite risks, classify risks, or administer risks that
			 are based on or not inconsistent with State law.
(b) A covered entity may establish, sponsor,
			 observe or administer the terms of a bona fide benefit plan that are based on
			 underwriting risks, classifying risks, or administering such risks that are
			 based on or not inconsistent with State law.
(c) A covered entity may establish, sponsor,
			 observe, or administer the terms of a bona fide benefit plan that is not
			 subject to State laws that regulate insurance.
(d) The activities described in paragraphs
			 (a), (b), and (c) are permitted unless these activities are a subterfuge to
			 evade the purposes of this act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-2 - Construction

Current through Register Vol. 43, No. 28, July 11, 2024
These rules shall be liberally construed to accomplish the
				purposes of the act and the policies of the commission including the just,
				speedy, and inexpensive determination of the issues presented.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-3 - Rules of order

Current through Register Vol. 43, No. 28, July 11, 2024
Meetings of the commission shall be governed by Roberts rules
				of order, with the exception that the chairman may make motions, second motions
				already made and vote upon any matters.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-4 - Cooperation with local agencies

Current through Register Vol. 43, No. 28, July 11, 2024
The commission may cooperate with and utilize the services of
				local human relations commissions in fulfilling its responsibilities under the
				Kansas act against discrimination. The commission may enter into written
				agreements with local human relations commissions for such purposes.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-6 - Death, disability or absence of executive director

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever, in the event of the death, disability or absence from
				the state of the executive director, it shall be necessary to appoint an acting
				executive director without delay, the chairman may make such appointment,
				subject to the ratification or rejection of the commission at the next meeting:
				Provided, however, That rejection of such appointment shall have no effect on
				any of the actions of the acting executive director in the interim. In the
				event of any temporary absence of the executive director, the assistant
				director is authorized to exercise the functions, powers and duties of the
				executive director until the executive director returns.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-7 - Communications and filings generally

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 communications, submittals and pleadings should be addressed to the commission
			 at the office of the commission unless otherwise specifically directed. All
			 communication and filings should clearly designate the file number, docket
			 number, or similar identifying symbols, if any, employed by the commission and
			 should set forth a short title. The person communicating shall state his
			 address, the party he represents, and how response should be sent to him if not
			 by first class mail.
(b) In any
			 proceeding when, upon inspection, the commission is of the opinion that a
			 pleading or other matter tendered for filing does not comply with these rules
			 or is otherwise insufficient, the commission may decline to accept the document
			 for filing and may return it unfiled, or the commission may accept it for
			 filing and advise the person tendering it of the deficiency and require that
			 the deficiency be corrected.
(c)
			 The commission may order any redundant, immaterial, impertinent, or scandalous
			 matter stricken from any document filed with it.
(d) Except as may be otherwise ordered, the
			 original copy of each pleading, submittal or other document shall be signed by
			 the party in interest, or by his or its attorney, as required by subsection (e)
			 of this section, and shall show the office and post office address of such
			 party or attorney. All other copies filed shall be fully conformed thereto.
(e) Pleadings, submittals and
			 other documents filed shall be subscribed:
(i) by the person filing such documents, and
			 severally if there is more than one person so filing; or
(ii) by an officer thereof if it is a
			 corporation, trust, association, or other organized group; or
(iii) by an officer or employee thereof if it
			 is another public agency or a political subdivision; or
(iv) by an attorney having authority with
			 respect thereto.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-8 - Copies of pleadings

Current through Register Vol. 43, No. 28, July 11, 2024
Upon filing any application, complaint, pleading, brief or
				other submittal, the party filing the same must file an original and nine
				copies thereof for the commission and furnish additional copies to the
				commission for each party who may be expected to participate in the proceeding.
				The commission may require the filing of such additional copies as it may need
				or desire.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-9 - Commencement of a proceeding

Current through Register Vol. 43, No. 28, July 11, 2024
A proceeding is commenced either by the filing of a complaint
				or other document or an order of the commission initiating an investigation or
				complaint on its own motion.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-11 - Service

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Service by the commission. Orders, notices and other documents originating with
			 the commission shall be served by the office of the commission by mail, except
			 when service by another method shall be specifically designated by the
			 commission, by mailing a copy thereof to the person to be served, addressed to
			 the person or persons designated in the initial pleading or submittal at the
			 person's principal office or place of business. When service is not
			 accomplished by mail, it may be effected in person or as otherwise ordered by
			 any one duly authorized by the commission.
(b) Service by a participant. All pleadings,
			 submittals, briefs and other documents, filed in proceedings when filed or
			 tendered to the commission for filing, shall be served upon all participants in
			 the proceeding. Such service shall be made by delivering in person or by
			 mailing, properly addressed with postage prepaid, the requisite number of
			 copies to each participant.
(c)
			 Effect of service upon an attorney. When any participant has appeared by
			 attorney, service upon such attorney shall be deemed service upon the
			 participant and separate service on the party may be omitted.
(d) Date of service. The date of service
			 shall be the day when the document served is deposited in the United States
			 mail, or is delivered in person, as the case may be.
(e) Proof of service. There shall accompany
			 and be attached to the original of each pleading, submittal or other document
			 filed with an agency when service is required to be made by the parties, a
			 certificate of service.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-13 - Representation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Appearance in person. An individual may appear in his own behalf. A member of a
			 partnership may represent the partnership, a bona fide officer of a
			 corporation, trust or association may represent the corporation, trust or
			 association, and an officer or employee of another public agency or of a
			 political subdivision may represent the public agency or political subdivision
			 in presenting any submittal to an agency subject to these rules.
(b) Appearance by attorney. A person may be
			 represented in any proceeding by an attorney-at-law who is a resident of Kansas
			 and regularly admitted to practice before the supreme court of Kansas; or a
			 person may appear and be represented by any regularly admitted practicing
			 attorney in the courts of record of another state of the United States, who has
			 filed a verified application to the effect that he has associated and
			 personally appearing with him, in the proceeding before the commission, an
			 attorney who is a resident of Kansas and duly qualified to practice law
			 therein, as his local counsel. Said local counsel shall first enter his own
			 appearance and then move for the admission of the non-resident attorney with
			 whom he is associated.
(c) Other
			 representation prohibited at hearings. A person shall not be represented at any
			 hearing except:
(1) as stated in K.A.R.
			 21-40-13 (a) (relating to appearance in person) or K.A.R. 21-40-13 (b)
			 (relating to appearance by attorney); or
(2) as otherwise permitted by the commission
			 in a specific case.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-17 - Intervention

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Initiation of intervention. At the discretion of the commission or presiding
			 officer any person may by petition be allowed to intervene in person or by
			 counsel, for such purposes and to such extent as the commission or presiding
			 officer shall determine: Provided, Such person makes application to intervene
			 at least ten (10) days before the hearing.
(b) Form and contents of petitions. Petitions
			 to intervene shall set out clearly and concisely the facts from which the
			 nature of the alleged right or interest of the petitioner can be determined,
			 the grounds of the proposed intervention, and the position of the petitioner in
			 the proceeding, so as fully and completely to advise the parties and the
			 commission as to the specific issues of fact or law to be raised or
			 controverted, by admitting, denying or otherwise answering, specifically and in
			 detail, each material allegation of fact or law asserted in the proceeding, and
			 citing by appropriate reference authority relied on.
(c) Notice and action on petitions.
(1) Notice and service. Petitions to
			 intervene, when tendered for filing, shall show service thereof upon all
			 participants to the proceeding in conformity with § 21-40-11 (b) of this
			 Title (relating to service by a participant.)
(2) Action on petitions. As soon as
			 practicable after the expiration of the time for filing answers to such
			 petitions or default thereof, the commission or presiding officer will grant or
			 deny such petition in whole or in part or may, if found to be appropriate,
			 authorize limited participation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-18 - Certification of documents and records

Current through Register Vol. 43, No. 28, July 11, 2024
Certified copies. Copies of and extracts from public records
				may be certified by the commission. The chairman or such other person as may be
				designated by the commission is authorized to certify all documents or records
				of the commission. Persons requesting the commission to prepare such copies
				should clearly state the material to be copied and whether it shall be
				certified. Charges may be imposed for certification and for the preparation of
				copies.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-2 - Submission of complaints and responses

Current through Register Vol. 43, No. 28, July 11, 2024
Each complaint and each response to a complaint shall be
				submitted in hard copy, either typed or handwritten; by facsimile; or by
				electronic mail. Any complaint may be submitted on a form provided by the
				commission.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-3 - Contents of complaints

Current through Register Vol. 43, No. 28, July 11, 2024
Each complaint shall contain the following:
(a) The full name and address of the
			 complainant;
(b) the full name and
			 address of the respondent;
(c) the
			 alleged unlawful employment practice or unlawful discriminatory practice and a
			 statement of the nature thereof;
(d) the date or dates of the alleged unlawful
			 employment practice or unlawful discriminatory practice, and, if the alleged
			 unlawful employment practice or unlawful discriminatory practice is of a
			 continuing nature, the dates between which continuing acts of discrimination
			 are alleged to have occurred; and
(e) a statement as to any other action fled
			 or pending in any court or other forum based on the same grievance as is
			 alleged in the complaint, together with a statement as to the status or
			 disposition of the other action.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-5 - Manner of filing

Current through Register Vol. 43, No. 28, July 11, 2024
A complaint may be submitted for filing by delivery, mail,
				facsimile, or electronic mail to a commission office. If a complaint is received
				when the commission offices are closed, the complaint shall be considered
				received on the next business day that the commission offices are open.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-6 - Amendment; supplementation

Current through Register Vol. 43, No. 28, July 11, 2024
Any complaint or response may be amended or supplemented before
				a finding of probable cause or no probable cause has been issued. Amendments or
				supplements to a complaint shall be permitted to add or clarify allegations
				related to or arising from the initial complaint.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-7 - Withdrawal

Current through Register Vol. 43, No. 28, July 11, 2024
A complaint may be withdrawn by the complainant at any time
				before a finding has been made. After a finding has been made, the complainant
				may request and the commission shall decide whether or not a complaint may be
				withdrawn.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-8 - Dismissal before hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Dismissal. A
			 complaint shall be dismissed against a respondent if the commission lacks
			 jurisdiction over that respondent or if the investigating commissioner
			 determines that there is no probable cause to credit the allegations of the
			 complaint against that respondent.
(b) Administrative expedience. A complaint
			 shall be subject to dismissal on grounds of administrative expedience if at
			 least one of the following conditions is met:
(1) The complainant fails to cooperate with
			 investigation of the complaint.
(2)
			 The complainant's objections to a proposed conciliation agreement are without
			 substance.
(3) Noticing the
			 complaint for hearing would be otherwise impracticable.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 41 - COMPLAINTS AND RESPONSES › Section 21-41-10 - Criminal and civil proceedings

Current through Register Vol. 43, No. 28, July 11, 2024
If either criminal or civil proceedings are fled on a matter
				pending before the commission, any complaint based on the same matter may be
				suspended or dismissed, to avoid duplication of effort.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 42 - INVESTIGATION › Section 21-42-1 - Investigation

Current through Register Vol. 43, No. 28, July 11, 2024
Any commissioner or presiding officer may request the
				commission to initiate an investigation whenever any possible violation of any
				statute, rules, orders or other authority administered by the commission
				appears. Upon such requests the commission may initiate such investigation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 42 - INVESTIGATION › Section 21-42-3 - Investigating commissioner

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever an investigation of a complaint is initiated, an
				investigating commissioner shall be assigned the case. Whenever an
				investigation is initiated without the filing of a formal complaint, an
				investigating commissioner may be assigned to the case. The investigating
				commissioner so assigned shall have the same powers of discovery in the name of
				the commission as are provided in these rules for any commissioner or presiding
				officer relative to any hearing or other proceeding, including the power of
				subpoena per   K.A.R. 21-42-2  and  21-45-9; and discovery dispositions in the same
				nature as provided by   K.A.R. 21-45-10. If a formal complaint shall issue from
				the investigation, the same investigating commissioner shall be assigned to
				that complaint unless, in the judgment of the chairman, a new appointment
				should be made. The investigating commissioner may not participate in any
				subsequent proceedings which may eventually be held as a result of such
				investigation other than as a witness.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 42 - INVESTIGATION › Section 21-42-5 - Preservation of records

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Employment records. When a complaint or notice of investigation has been served
			 on an employer, labor organization or employment agency under the Kansas act
			 against discrimination, the respondent shall preserve all personnel records
			 relevant to the investigation until such complaint or investigation is finally
			 adjudicated. The term "relevant to the investigation" shall include, but not be
			 limited to, personnel, employment or membership records relating to the
			 complainant and to all other employees, applicants or members holding or
			 seeking positions similar to that held or sought by the complainant, and
			 application forms or test papers completed by an unsuccessful applicant and by
			 all other applicants or candidates for the same position or membership as that
			 for which the complainant applied and was not accepted, and any records which
			 are relevant to the scope of the investigation as defined in the notice or
			 complaint.
(b) Membership club
			 records. Where a complaint or notice of investigation has been served on a
			 membership club under the Kansas act against discrimination, the respondent
			 shall preserve all records relevant to the investigation until such complaint
			 or investigation is finally adjudicated. The term "relevant to the
			 investigation" shall include, but not be limited to, applications for
			 membership on file at the time the complaint or notice of investigation is
			 served and those received following service of the complaint or notice of
			 investigation whether or not they have been accepted or rejected, membership
			 lists, records of payment of initiation fees or regular dues, together with the
			 minutes of meetings of the club conducted in conformity with the constitutions
			 or by-laws adopted by the membership.
(c) Other records. Any other books, papers,
			 documents, or records of any form which are relevant to the scope of any
			 investigation as defined in the notice or complaint shall be preserved during
			 the pendency of any proceedings by all parties to the proceedings unless the
			 commission specifically orders otherwise.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 43 - CONFERENCE AND CONCILIATION › Section 21-43-1 - Conference

Current through Register Vol. 43, No. 28, July 11, 2024
If the investigating commissioner finds that probable cause
				exists for crediting the allegations of the complaint, the investigating
				commissioner or such other commissioner as the commission may designate, shall,
				assisted by the executive director and the commission's staff, immediately
				endeavor to eliminate any unlawful practice or other matter in the complaint by
				conference, conciliation and persuasion.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 43 - CONFERENCE AND CONCILIATION › Section 21-43-2 - Time limitation for conciliations

Current through Register Vol. 43, No. 28, July 11, 2024
Failure to arrive at a satisfactory adjustment within
				forty-five (45) days after respondent is notified in writing of a finding of
				probable cause may constitute sufficient reason for the commission to judge
				efforts at conference and conciliation to be a failure.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 43 - CONFERENCE AND CONCILIATION › Section 21-43-3 - Successful conciliation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Preparation. If the investigating commissioner, or such other commissioner as
			 the commission may designate, assisted by the executive director and the
			 commission's staff, shall succeed in endeavors under conference and
			 conciliation, then a proposed conciliation agreement shall be prepared.
(b) Agreement. The commission
			 shall serve upon the complainant a copy of the proposed conciliation agreement.
			 If the complainant agrees to the terms of the agreement or fails to object to
			 such terms within five (5) days after its service upon him, the commission may
			 formally enter into the proposed conciliation agreement by issuing an order
			 embodying such conciliation agreement. The commission shall serve a copy of
			 such order upon all parties to the proceeding.
(c) Terms. The terms of such conciliation
			 agreement may include any provisions and remedies, for retroactive, present or
			 future effect, including all remedies which may be ordered by the commission
			 per K.A.R. 21-45-21, and including a provision for the entry in court of a
			 consent decree embodying terms of the conciliation agreement. When the
			 commission accepts a conciliation agreement containing a provision for the
			 entry in court of a consent decree, the commission's attorney, on behalf of and
			 in the name of the commission, may commence a proceeding in the court to obtain
			 an order for its enforcement.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 43 - CONFERENCE AND CONCILIATION › Section 21-43-4 - Consideration of complainant's objections

Current through Register Vol. 43, No. 28, July 11, 2024
If the complainant objects to the proposed conciliation
				agreement, complainant shall, within five (5) days of the agreement's service
				upon complainant, serve a specification of the objections upon the commission.
				Unless such objections are met or withdrawn within five (5) days after service
				thereof, the commission shall thereafter notice the complaint for hearing,
				except in cases where the complaint may be dismissed on the grounds of
				administrative convenience. However, the commission, where it finds the terms
				of a conciliation agreement to be in the public interest, may execute such
				agreement if the respondent is still willing to execute it, and may limit the
				hearing to the objections of the complainant, unless the respondent demands a
				hearing on the merits of all of the charges by serving an answer including such
				a demand.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 43 - CONFERENCE AND CONCILIATION › Section 21-43-5 - Settlements

Current through Register Vol. 43, No. 28, July 11, 2024
At the hearing, the commission's attorney, with the consent of
				the complainant, may stipulate with the respondent for settlement of the case
				and the commission may issue an order on such stipulation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 43 - CONFERENCE AND CONCILIATION › Section 21-43-6 - Non-disclosure of facts

Current through Register Vol. 43, No. 28, July 11, 2024
The commission shall not disclose what has transpired in the
				course of its endeavors at conciliation and persuasion, per K.S.A. 44-1005.
				However, when executed, the final terms of a conciliation agreement may be
				disclosed. No officer, agent or employee of the commission shall make public
				with respect to a particular person without his consent information from
				reports obtained by the commission except as necessary to the conduct of
				further commission proceedings.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 44 - COMPLIANCE › Section 21-44-1 - Compliance review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Date.
			 Not later than six (6) months from the date of a conciliation agreement or an
			 order issued under article 45 of these rules, or at any other time in its
			 discretion, including contract compliance review per K.S.A. 44-1032, the
			 commission shall investigate whether the respondent is complying with the terms
			 of such agreement, contract or order.
(b) Non-compliance. Upon a finding of
			 non-compliance, the commission shall take appropriate action to assure
			 compliance.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 44 - COMPLIANCE › Section 21-44-2 - Reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Filing. When any person subject to the jurisdiction of the commission is
			 required to do or perform any act by the commission order, there shall be filed
			 with the office of the commission within thirty (30) days following the date
			 when such requirement became effective, a notice, stating that such requirement
			 has been met or complied with, unless the commission directs otherwise.
(b) EEO forms. Every employer,
			 labor organization and joint labor-management apprenticeship committee subject
			 to the Kansas act against discrimination and also subject to the jurisdiction
			 of the U.S. equal employment opportunity commission shall file with that agency
			 the appropriate forms as required in accordance with that agency's instructions
			 and regulations.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 44 - COMPLIANCE › Section 21-44-3 - Posting of law and information

Current through Register Vol. 43, No. 28, July 11, 2024
"A conspicious place or places" for the purposes of K.S.A.
				44-1012  shall be any easily accessible and well lighted place or places where
				the notices may readily be seen regularly by employees, applicants for
				employment, members of labor organizations, applicants for membership in labor
				organizations, or persons using or attempting to use places of public
				accommodations or the services of an employment agency, or any institution,
				department or agency of the state of Kansas or any political subdivision or
				municipality thereof.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 44 - COMPLIANCE › Section 21-44-4 - Records

Current through Register Vol. 43, No. 28, July 11, 2024
No notation identifying the race, religion, color, sex,
				physical handicap, national origin or ancestry of an individual shall be made
				or maintained on application forms or other records except as provided
				otherwise in these rules. Violations of this rule shall be deemed evidence of
				discrimination unless a person may show it is acting in conformity with an
				explicit mandate of a local, state or federal civil rights agency. The
				commission recommends the maintenance of a permanent record as to the racial,
				sexual, religious or ethnic identity of an individual for the purpose of
				complying with various reporting requirements only where the person maintains
				such records separately from the individual's basic personnel file or other
				similar records available to those responsible for decisions
				(
e.g.
, as a part of an automatic data processing system in the
				payroll department).
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 44 - COMPLIANCE › Section 21-44-5 - Membership club references

Current through Register Vol. 43, No. 28, July 11, 2024
Membership clubs which are covered by the Kansas act against
				discrimination may not require a recommendation by a present member or members
				as a prerequisite for admission to membership if the present membership does
				not bear a reasonable relationship to the ethnic and racial pattern of the
				general population of the area from which such clubs draw members; nor, in such
				circumstances, may they give preference to applicants recommended by present
				members by reason of such recommendation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 46 - MISCELLANEOUS SUBSTANTIVE PROVISIONS › Section 21-46-1 - Class B private clubs

Current through Register Vol. 43, No. 28, July 11, 2024
All clubs holding licenses from the alcoholic beverage control
				commission as class B clubs are deemed places of public accommodations and
				subject to the provision of the Kansas act against discrimination. Nothing in
				the present paragraph shall be construed as grounds for an automatic exemption
				of any club holding a license from the alcoholic beverage control commission as
				a class A club from the provisions of the Kansas act against discrimination.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 50 - CONTRACT COMPLIANCE › Section 21-50-1 - Applicability

Current through Register Vol. 43, No. 28, July 11, 2024
This article shall apply to every contractor covered by K.S.A.
				1977 Supp. 44-1030  and K.S.A. 1977 Supp. 44-1031.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 50 - CONTRACT COMPLIANCE › Section 21-50-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following words and terms when used in this article shall
				have the following meanings:
(a)
			 "Contract" means any agreement, purchase order or arrangement or modification
			 thereof between the state or any political sub-division of the state and any
			 person to be paid in whole or in part, directly or indirectly, by public funds
			 or in-kind contributions.
(b)
			 "Contracting agency" or "agency" means any department, agency, commission,
			 authority, establishment or other instrumentality of the state or any political
			 sub-division of the state, which enters into contracts.
(c) "Contractor" means any contractor,
			 supplier, vendor or other person who, through a contract or other arrangement,
			 has received, is to receive or is receiving public funds or in-kind
			 contributions from the contracting agency, and shall include any sub-contractor
			 who performs under a contract covered under K.S.A. 44-1030  and K.S.A. 44-1031.
			 Contractors, whether corporate or natural persons, are designated in this
			 article by use of the third person neuter pronouns.
(d) "Classification" means one or more groups
			 of jobs having similar content, wage rates and opportunities.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 50 - CONTRACT COMPLIANCE › Section 21-50-3 - Compliance review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 determining whether a contractor is in compliance with the Kansas act against
			 discrimination, the contract compliance review may consider, but shall not be
			 limited to, the following evidentiary factors, except that a finding adverse to
			 the contractor as to any one of the following factors will not alone constitute
			 conclusive proof of noncompliance:
1. The
			 ratio of minorities and females in the area in which the contractor operates as
			 compared to the ratio of minority and female employees in the contractor's
			 workforce.
2. The availability of
			 promotable and transferable minorities and women within the contractor's
			 employment.
3. The existence of
			 local training institutions capable of training persons in the requisite
			 skills.
4. The degree of training
			 which the contractor is reasonably able to undertake as a means of making all
			 job classifications available to otherwise qualified minorities and women.
5. The evidence that the
			 contractor has furnished each labor union or workers' representative with which
			 it has a collective bargaining agreement or other contract or understanding and
			 every other source of recruitment regularly utilized a notice advising of its
			 commitment to non-discrimination pursuant to regulation 21-50-7, as amended.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 50 - CONTRACT COMPLIANCE › Section 21-50-4 - Affirmative action program

Current through Register Vol. 43, No. 28, July 11, 2024
Affirmative action programs may contain, but are not limited
				to:
(a) Development or reaffirmation
			 of the contractor's equal employment opportunity policy in all personnel
			 actions.
(b) Formal internal and
			 external dissemination of the contractor's policy.
(c) Establishment of responsibilities for
			 implementation of the contractor's affirmative action program.
(d) Identification of problem areas
			 (deficiencies) by organizational units and job classification, development of
			 goals to remedy such problems, including timetables for completion.
(e) Development and execution of action
			 oriented programs designed to attain specific goals and objectives.
(f) Design and implementation of internal
			 audit and reporting systems to measure effectiveness of the total program.
(g) Compliance of personnel
			 policies and practices with the regulations of the commission.
(h) Solicitation of the support and
			 cooperation of the local and national community action programs and community
			 service programs, designed to improve the employment opportunities of
			 minorities and females.
(i)
			 Consideration of minorities and females not currently in the labor market
			 having requisite skills who can be recruited through affirmative action
			 measures.
(j) Consideration of the
			 anticipated expansion and turnover of and in the contractor's workforce as one
			 of the bases for development of goals and timetables. Supporting data and the
			 analysis thereof on which goals and timetables are based may be part of the
			 contractor's written affirmative action program.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 50 - CONTRACT COMPLIANCE › Section 21-50-5 - Duties of contracting agency

Current through Register Vol. 43, No. 28, July 11, 2024
It shall be the duty of the contracting agency upon request of
				the commission to furnish the commission with a listing as to the identity of
				the contractors whenever the contracts with any contractor exceed $5,000
				cumulatively in a fiscal year.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 50 - CONTRACT COMPLIANCE › Section 21-50-7 - Contractor's obligations

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Recruiting. The contractor at least once during the life of the agreement,
			 contract or understanding shall send each labor union or workers'
			 representative with which it has or is entering into a collective bargaining
			 agreement or other contract or understanding, a written notice advising said
			 labor union or workers' representative that the contractor is an equal
			 opportunity employer. Similar notice shall be sent to every other source of
			 recruitment regularly utilized by the contractor.
(b) Contractors. Contractors shall not
			 discriminatorily exclude minority and female contractors from those from whom
			 bids are solicited.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Broker" or "Agent" means any person authorized to perform an action on behalf
			 of another person regarding any matter related to the sale or rental of
			 dwellings, including offers, solicitations or contracts as well as the
			 administration of matters regarding such offers, solicitations or contracts, or
			 any other real estate related transactions.
(b) "Dwelling" means any building, structure
			 or portion thereof, which is occupied as, or designed or intended for occupancy
			 as, a residence by one or more families as well as any vacant land which is
			 offered for sale or lease for the construction or location thereon of any such
			 building, structure or portion thereof.
(c) "Person in the business of selling or
			 renting" means any person who:
(1) within the
			 preceding twelve months, has participated as principal in more than three
			 transactions involving the sale or rental of any dwelling or any interest
			 therein;
(2) within the preceding
			 twelve months, has participated as agent, other than in the sale of his or her
			 own personal residence, in providing sales or rental facilities or sales or
			 rental services in two or more transactions involving the sale or rental of any
			 dwelling or any interest therein; or
(3) is the owner of any dwelling designed or
			 intended for occupancy by, or occupied by, five or more families.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-2 - Discriminatory housing practices on the basis of familial status

Current through Register Vol. 43, No. 28, July 11, 2024
The protections afforded against discrimination on the basis of
				familial status shall apply to any person who is pregnant or is in the process
				of securing legal custody of any individual who has not attained the age of 18
				years.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-3 - Unlawful refusal to sell or rent or to negotiate for the sale or rental

Current through Register Vol. 43, No. 28, July 11, 2024
Unlawful practices under K.S.A. 44-1016(a)  include, but are not
				limited to:
(a) Failing to accept or
			 consider a bona fide offer because of race, religion, color, sex, disability,
			 familial status, national origin or ancestry;
(b) Refusing to sell or rent real property
			 to, or to negotiate for the sale or rental of real property with, any person
			 because of race, religion, color, sex, disability, familial status, national
			 origin or ancestry;
(c) Imposing
			 different sales prices or rental charges for the sale or rental of real
			 property upon any person because of race, religion, color, sex, disability,
			 familial status, national origin or ancestry;
(d) Using different qualification criteria or
			 applications, or sale or rental standards or procedures such as income
			 standards, application requirements, application fees, credit analysis, sale or
			 rental approval procedures or other requirements because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry; or
(e) Evicting tenants because of
			 their race, religion, color, sex, disability, familial status, national origin
			 or ancestry, or because of the race, religion, color, sex, disability, familial
			 status, national origin or ancestry of a tenant's guest.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-4 - Discrimination in terms, conditions and privileges and in services and facilities

Current through Register Vol. 43, No. 28, July 11, 2024
Unlawful practices under K.S.A. 44-1016(b)  include, but are not
				limited to:
(a) Using different
			 provisions in leases or contracts of sale, such as those relating to rental
			 charges, security deposits, down payment and closing requirements, because of
			 race, religion, color, sex, disability, familial status, national origin or
			 ancestry;
(b) Failing to perform
			 or delaying maintenance or repairs of sale or rental real property because of
			 race, religion, color, sex, disability, familial status, national origin or
			 ancestry;
(c) Failing to process
			 or accurately communicate an offer for the sale or rental of real property
			 because of race, religion, color, sex, disability, familial status, national
			 origin or ancestry;
(d) Limiting
			 the use of privileges, services or facilities associated with real property
			 because of race, religion, color, sex, disability, familial status, national
			 origin or ancestry of an owner, tenant or a person associated with him or her;
			 and
(e) Denying or limiting
			 services or facilities in connection with the sale or rental of real property
			 because a person failed or refused to provide sexual favors.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-5 - Other prohibited sale and rental conduct

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful because of race, religion, color, sex, disability, familial
			 status, national origin or ancestry for an agent, broker, person in the
			 business of selling or renting or any other person for profit to restrict or
			 attempt to restrict, by word or conduct, the choices of a person seeking,
			 negotiating for, buying or renting real property so as to perpetuate, or tend
			 to perpetuate, segregated housing patterns, or to discourage or obstruct
			 choices in a community, neighborhood or development.
(b) It shall be unlawful because of race,
			 religion, color, sex, disability, familial status, national origin or ancestry
			 to engage in any conduct relating to the provision of housing or of related
			 services and facilities that otherwise makes unavailable or denies real
			 property to persons.
(c)
			 Prohibited actions under subsection (a), generally referred to as unlawful
			 steering practices, include, but are not limited to:
(1) discouraging any person from inspecting,
			 purchasing or renting real property because of race, religion, color, sex,
			 disability, familial status, national origin or ancestry, or because of the
			 race, religion, color, sex, disability, familial status, national origin or
			 ancestry of persons in a community, neighborhood or development;
(2) discouraging the purchase or rental of
			 real property because of race, religion, color, sex, disability, familial
			 status, national origin or ancestry, by exaggerating drawbacks or failing to
			 inform any person of desirable features of real property or of a community,
			 neighborhood, or development;
(3)
			 communicating to any prospective purchaser or renter that he or she would not
			 be comfortable or compatible with existing residents of a community,
			 neighborhood or development because of race, religion, color, sex, disability,
			 familial status, national origin or ancestry; and
(4) assigning any person to a particular
			 section of a community, neighborhood or development, or to a particular floor
			 of a building, because of race, religion, color, sex, disability, familial
			 status, national origin or ancestry.