Kansas Administrative Code

Pre-employment inquiries as to sex. Pre-employment inquiry may ask “Male . . ., Female . . .;” provided that the inquiry is made in good faith for a non-discriminatory purpose. Any 838 HUMAN RIGHTS COMMISSION 21-32-6 pre-employment inquiry in connection with pro- spective employm…

Pregnancy and childbirth. (a) A written or unwritten employment policy or prac- tice which excludes from employment applicants or employees because of pregnancy is prima facie discrimination. (b) Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirt…

Affirmative action. The employer shall take affirmative action to recruit women to apply for those jobs where they have been pre- viously excluded. Such affirmative action may in- clude but is not limited to notifying employment referral agencies that women are welcome to ap- ply…

Job opportunities advertising. It is a violation of the Kansas act against discrimina- tion for a help wanted advertisement to indicate a preference, limitation, specification or discrimina- tion based on sex unless sex is a bona fide occupa- tional qualification for the particul…

Statement of purpose. (a) The guidelines in this part have been adopt- ed to contribute to the implementation of non- discriminatory personnel policies with respect to employee religious beliefs as required by the Kan- sas act against discrimination. The guidelines in this part a…

Definitions. (a) “Covered entity” meansanemployer,labororganization,employment agency, or joint labor-management committee. (b) “Direct threat” means a significant risk of substantial harm to the health or safety of the in- dividual or others that cannot be eliminated or re- duce…

Information from a drug test. Any information regarding the medical condition or history of any employee or applicant obtained from a drug test, except information regarding il- legal use of drugs, is subject to the requirements of subsections (b) and (c) of 21-34-4. (Authorized …

Illegal use of drugs and alco- hol; exception to the definition of “qualified individuals with a disability”; policies and procedures. (a) The term “qualified individual with a disability” shall not include any employee or applicant who is engaging in the illegal use of drugs, wh…

Regulation of smoking. A cov- ered entity may prohibit or impose restrictions on smoking in places of employment. (Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009, as amended by L. 1991, Chapter 147, Section 6; effective, T-21-3-27-92, March 27, 1992; effective April 27…

Direct threat; criteria for de- termination. (a) The determination that an indi- vidual with a disability poses a “direct threat” shall be based on an individualized assessment of the individual’s present ability to safely perform the es- sential functions of the job. This assess…

Essential function; criteria for determination.(a)Ajobfunctionmaybeconsid- ered essential for any of several reasons, including but not limited to the following: (1)thefunctionmaybeessentialbecausetherea- son the position exists is to perform that function; (2) the function may b…

Direct threat as qualification standard.Theterm“qualificationstandards”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. (Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009, as…

Infectious and communicable diseases; food handling jobs. (a) If an individ- ual with a disability is disabled by an infectious or communicable disease and if the risk of transmit- ting the disease associated with the handling of food cannot be eliminated by reasonable accom- mod…

Substantially limit; criteria for determination. (a) The following factors should be considered in determining whether an individ- ual is substantially limited in a major life activity: (1) the nature and severity of the impairment; (2) the duration or expected duration of the im…

Substantially limit; definition with respect to the major life activity of “working”; criteria for determination. (a) With respect to the major life activity of “work- ing,” the term “substantially limits” means signifi- cantly restricted in the ability to perform either a class …

Undue hardship; definition; criteria for determination. (a) “Undue hard- ship” means an action requiring significant diffi- culty or expense. (b) Criteria for determination. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be …

Medical examinations and in- quiries; general prohibition. The prohibition against discrimination as referred to in K.S.A. 44- 1009(a)(1) and 44-1009(a)(8) shall include med- ical examinations and inquiries. (Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009, as amended b…

Exceptions to the definitions of “disability.” (a) The term “disability” does not include: (1) transvestism, transsexualism, pedophilia, ex- hibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsi…

Health insurance, life insur- ance, and other benefit plans. (a) An insur- er, hospital, or medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or similar organi- zations, may underwrite risks, classify risks, or ad- mi…

Preemployment medical exam- inations and inquiries. (a) Prohibited examina- tion 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 individ- ual with a disability or as to the nature or sever…

(b) Acceptable inquiry. A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions. (Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009, as amended by L. 1991, Chapter 147, Section 6; effective, T-21-3-27-92, March 2…

Prohibited medical examina- tions and inquiries. A covered entity shall not re- quire a medical examination and shall not make in- quiriesofanemployeeastowhethersuchemployee is an individual with a disability or as to the nature or severity of the disability, unless such examinat…

Acceptable medical examina- tions and inquiries. (a) A covered entity may conduct voluntary medical examinations, includ- ing voluntary medical histories, which are part of an employee health program available to employ- ees at the work site. A covered entity may make inquiries i…

Regulation of alcohol and drugs. 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 workplac…

Drug testing. (a) A test to deter- mine the illegal use of drugs shall not be consid- ered a medical examination. (b) Nothing in this paragraph shall be construed to encourage, prohibit, or authorize the conduct- ing of drug tests for the illegal use of drugs by job applicants or…

Transportation employees. Noth- ing in these regulations should be construed to encourage, prohibit, restrict or authorize the oth- erwise lawful exercise by entities subject to the jurisdiction of the United States Department of Transportation of authority to: (a) test employees…

(Authorized by K.S.A. 1965 Supp. 44- 1004; effective Jan. 1, 1966; revoked Jan. 1, 1968.) 21-5-1 to 21-5-10. (Authorized by K.S.A. 1965 Supp. 44-1004; effective Jan. 1, 1966; re- voked Jan. 1, 1968.) 21-6-1 to 21-6-11. (Authorized by K.S.A. 1965 Supp. 44-1004; effective Jan. 1, 1…

Definitions. Incorporated by ref- erence are the definitions of K.S.A. 44-1002. In addition, the following words and terms shall have thefollowingmeaning:(a)“Actingexecutivedirec- tor” means the person appointed by the commis- sion to perform the functions, powers and duties of t…

(Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)

Service. (a) Service by the com- mission. 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 specifi- cally designated by the commission, by mailing a copy the…

Time. (a) Timely filing required. Pleadings, submittals or other documents re- quired or permitted to be filed under these rules or any other provision of law must be received for filing at the commission’s office within the time limits, if any, for such filing. The date of recei…

Representation. (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 corpora- tion, trust or association may represent the corpo- ration, trust or association, and an officer or em-…

Order issuance. All orders is- sued by the commission shall be reviewed by the chairman and signed by him or as otherwise des- ignated by the chairman. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74- 14, Dec. 28, 1973; effective May 1, 1975.)

Effective date of orders. Com- mission orders shall become effective when all service provisions of these rules are effected, un- less otherwise ordered by the commission. (Au- thorized by K.S.A. 1974 Supp. 44-1003 and 44- 1004; effective, E-74-14, Dec. 28, 1973; effective May 1,…

Commission decisions. The de- cisions of the commission or any panel of hearing commissioners shall be by majority vote. (Autho- rized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975.)

Intervention. (a) Initiation of in- tervention. 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 commis- sion or presiding officer shall determine: Prov…

Certification of documents and records. Certified copies. Copies of and ex- tracts from public records may be certified by the commission. The chairman or such other person as may be designated by the commission is autho- rized to certify all documents or records of the commissio…

Requests to inspect other re- cords not considered public. Request to in- spect records other than those now deemed to be of a public nature shall be addressed to the commission. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74-14, Dec. 28, 1973; effective Ma…

Construction. These rules shall be liberally construed to accomplish the purpos- es of the act and the policies of the commission including the just, speedy, and inexpensive deter- mination of the issues presented. (Authorized by K.S.A. 1974 Supp. 44-1001; effective, E-74-14, Dec…

Availability of rules. The rules of the commission shall be available to the public at the office of the commission and upon request. (Authorized by K.S.A. 1974 Supp. 44-1001; ef- fective, E-74-14, Dec. 28, 1973; effective May 1, 1975.) AND RESPONSES

Rules of order. 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. (Authorized by K.S.A. 1974 Supp. 44-1004; effective, E-74-14, Dec. 28, 1973; effec…

Cooperationwithlocalagencies. 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 relation…

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

Death, disability or absence of executive director. Whenever, in the event of the death, disability or absence from the state of the executive director, it shall be necessary to ap- point an acting executive director without delay, the chairman may make such appointment, sub- jec…

Communications and filings gen- erally. (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 nu…

Copies of pleadings. Upon filing any application, complaint, pleading, brief or oth- er submittal, the party filing the same must file an original and nine copies thereof for the com- mission and furnish additional copies to the com- mission for each party who may be expected to …

Commencement of a proceed- ing. A proceeding is commenced either by the filing of a complaint or other document or an or- der of the commission initiating an investigation or complaint on its own motion. (Authorized by K.S.A.1974Supp.44-1003and44-1004;effective, E-74-14, Dec. 28,…

(Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)

Criminal and civil proceed- ings. If either criminal or civil proceedings are filed on a matter pending before the commission, any complaint based on the same matter may be suspended or dismissed, to avoid duplication of effort. (Authorized by K.S.A. 44-1004, 44-1034, 44-1121; im…

(Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)