Kansas Administrative Code

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1971 Supp. 44-1004; effective Jan. 1, 1968; amended, E-7- 5, Jan. 1, 1971; amended Jan. 1, 1972; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1971 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1972; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1971 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed, E-71-5, Jan. 1, 1971; amended Jan. 1, 1972; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-17-2 and 21-17-3. (Authorized by K.S.A. 1971 Supp. 44-1004, 44-1005; effective Jan. 1, 1970;…

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1970; re- voked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1971 Supp. 44-1004, 44-1005; effective Jan. 1, 1972; re- voked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-19-1 and 21-19-2. (Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-19-3 …

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-21-1 and 21-21-2. (Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amended Jan. 1, 1970; revoked,…

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; revoked Jan. 1, 1970.) 21-21-6 to 21-21-10. (AuthorizedbyK.S.A. 1967Supp.44-1001;effectiveJan.1,1968;revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-22-1 to 21-22-3. (Authorized by K.S.A. 1969 Su…

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-22-13 to 21-22-19. (Authorized by K.S.A. 1969 Supp. 44-1004; effective Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) OF THE RECORD

(Authorized by K.S.A. 1971 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1970; amended, E-71-36, Sep. 8, 1971; amended Jan. 1, 1972; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-22-5 to 21-22-7. (Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; e…

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-22-9 to 21-22-11. (Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amended Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked …

(Authorized by K.S.A. 1969 Supp. 44-1004, 44-1005; effective Jan. 1, 1968; amend- ed Jan. 1, 1970; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-25-1 and 21-25-2. (Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-25-3 and 21-25…

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) OF REGULATIONS

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

(Authorized by K.S.A. 1967 Supp. 44-1001; effective Jan. 1, 1968; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) 21-29-1 to 21-29-4. (Authorized by K.S.A. 1971 Supp. 44-1004; effective Jan. 1, 1972; re- voked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.) PROCEDURES AND R…

(Authorized by K.S.A. 1965 Supp. 44- 1004; effective Jan. 1, 1966; revoked Jan. 1, 1968.)

(Authorized by K.S.A. 44-1004 (3); effective Jan. 1, 1972; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

Employment agencies and em- ployment services. (a) An employment service, including private employment agencies, and state employment agencies, as defined in K.S.A. 44- 1002(e),shallnotmakeapplicantoremployeeap- praisals or referrals based on the results obtained from any psychol…

Disparate treatment. The prin- ciple 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 …

Retesting. Employers, unions, and employment agencies should provide an op- portunity for retesting and reconsideration to ear- lier “failure” candidates who have availed them- selves of more training or experience. In particular, if any applicant or employee during the course of…

Other selection techniques. Selection techniques other than tests, as de- fined in 21-30-2, may be improperly used so as to have the effect of discriminating against mi- nority groups. Such techniques include, but are not restricted to, unscored or casual interviews and unscored …

Affirmative action. Nothing in these guidelines shall be interpreted as dimin- ishing 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, nat…

Word-of-mouth recruiting. Employers and/or labor organizations whose workforces or memberships do not bear a reason- able relationship to the racial and/or ethnic pat- tern of the general population in their recruiting areas, may not recruit exclusively or even primari- ly by mea…

Preference to relatives, friends or neighbors of present employees or mem- bers. 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 recruit- ing areas, m…

Pre-employment inquiries and practices. K.S.A. 44-1009 (a) (3) prohibits, among others, the following pre-employment or premembership inquiries and practices: (a) Inquiry into the birthplace of an applicant, the applicant’s spouse or parents or any other close relative. (b) Any r…

(Authorized by K.S.A. 1974 Supp. 44-1003, 1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked Nov. 16, 2018.)

Recruitment and referral agencies. (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…

“Test” defined. 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 de- cision. The guidelines in this part apply, for exam- ple, to ability tests which are designed to measur…

Temporary employment. Where necessary to eliminate the continuing effects of prior discrimination, the commission may require employers to hire its summer, seasonal or any oth- er temporary employees on the same basis as per- manent employees. (Authorized by K.S.A. 1974 Supp. 44-…

Discrimination defined. The use of any test which adversely affects hiring, promo- tion, transfer or any other employment or mem- bership opportunity of classes protected by the Kansas act against discrimination constitutes dis- crimination unless: (a) The test has been validated…

Evidence of validity. (a) Each person using tests to select from among candi- dates for a position or for membership shall have available for inspection evidence that the tests are being used in a manner which does not vio- late 21-30-3. Such evidence shall be examined for indica…

Minimum standards for vali- dation. (a) For the purpose of satisfying the re- quirements of this part, empirical evidence in support of a test’s validity must be based on stud- ies employing generally accepted procedures for determining criterion-related validity, such as those d…

Presentation of validity evi- dence. The presentation of the results of a vali- dation study must include graphical and statisti- cal representations of the relationships between the test and the criteria, permitting judgments of the test’s utility in making predictions of fu- tu…

Use of other validity studies. In cases where the validity of a test cannot be deter- mined 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 appro- priate criterion measure cannot be develo…

Assumption of validity. (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 descrip…

Continued use of tests. 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 evi- dence of validity. If, for example, determination of criterion-related validity in a specific setting is pract…

Construction of BFOQ Exemp- tion. The bona fide occupational qualification ex- emption of K.S.A. 44-1009 (a) (3) shall be strictly 836 HUMAN RIGHTS COMMISSION 21-31-2 construed as it pertains to cases of national origin or ancestry. (Authorized by K.S.A. 1971 Supp. 44- 1004; effe…

Covert and overt discrimination. The Kansas act against discrimination is intended to eliminate covert as well as the overt practices of discrimination, and the commission will, there- fore, examine with particular concern cases where persons within the jurisdiction of the commis…

Protection of noncitizens. The Kansas act against discrimination protects all indi- viduals, both citizens and noncitizens, domiciled, residing or transient in the state of Kansas, against discrimination in employment, public accommo- dations and housing because of race, religion…

Protection of national security. Because discrimination on 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…

Sex as a bona fide occupation- al qualification. (a) The bona fide occupational qualification exceptions as to sex should be inter- preted narrowly. Labels—”men’s jobs” and “wom- en’s jobs”—tend to deny employment opportuni- ties unnecessarily to one sex or the other. The commiss…

Fringe benefits. “Fringe ben- efits,” as used herein includes medical, hospital, accident, life insurance and retirement benefits; 837 Discrimination Because of Sex 21-32-5 profit sharing and bonus plans; leave and other terms, conditions and privileges of employment. (a) It shal…

Separate lines of progression and seniority systems. (a) It is an unlawful em- ploymentpracticetoclassifyajobas“male”or“fe- male” 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 b…

Discrimination against married women. (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 discriminati…