Kansas Administrative Code

Submission of complaints and responses. 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. (Autho- rized by K.S.A. …

Contents of complaints. Each complaint shall contain the following: (a) The full name and address of the com- plainant; (b) the full name and address of the respondent; (c) the alleged unlawful employment practice or unlawful discriminatory practice and a state- ment of the natur…

(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.)

Manner of filing. A complaint may be submitted for filing by delivery, mail, facsimile, orelectronicmailtoacommissionoffice.Ifacom- plaint is received when the commission offices are closed, the complaint shall be considered received on the next business day that the commission o…

Amendment; supplementation. Any complaint or response may be amended or supplemented before a finding of probable cause or no probable cause has been issued. Amend- ments or supplements to a complaint shall be permitted to add or clarify allegations related to or arising from the…

Withdrawal. A complaint may be withdrawn by the complainant at any time before a finding has been made.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finding has been made, the complainant may request and the com- mission shall decide whether or not a complaint may be withdrawn. (Authorized by K.S.A. 1974 Supp. 44-10…

Dismissal before hearing. (a) Dismissal. A complaint shall be dismissed against a respondent if the commission lacks jurisdiction over that respondent or if the investigating com- missioner determines that there is no probable cause to credit the allegations of the complaint agai…

Discontinuance. After the service of a notice of hearing on a party, a proceeding may be discontinued by the complainant only with the consent of the commission. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74- 14, Dec. 28, 1973; effective May 1, 1975.)

Investigation. Any commissioner or presiding officer may request the commission to initiate an investigation whenever any possible violation of any statute, rules, orders or other au- thority administered by the commission appears. Upon such requests the commission may initiate s…

Subpoenas. Any commissioner or the executive director may sign and issue a subpoe- na in the name of the commission. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975.)

Investigating commissioner. Whenever an investigation of a complaint is ini- tiated, 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 cas…

Notice of investigation. Where an investigation is directed without the filing of a complaint, the commission will notify the person to be investigated of the nature and scope of such investigation. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74-14, Dec. 28…

Preservation of records. (a) Em- ployment records. When a complaint or notice of investigation has been served on an employer, la- bor organization or employment agency under the Kansas act against discrimination, the respondent shall preserve all personnel records relevant to th…

Amendment. The commission in its discretion may amend the notice of investiga- tion. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975.)

Probable cause notice. The par- ties to the proceeding shall be notified by the commission of the investigating commissioner’s final determination relative to probable cause. (Authorized by K.S.A. 1974 Supp. 44-1003 and 44-l004; effective, E-74-14, Dec. 28, 1973; effec- tive May …

Conference. If the investigating commissioner finds that probable cause exists for crediting the allegations of the complaint, the in- vestigating commissioner or such other commis- sioner as the commission may designate, shall, assisted by the executive director and the commis- …

Time limitation for concilia- tions. Failure to arrive at a satisfactory adjust- ment within forty-five (45) days after respondent is notified in writing of a finding of probable cause may constitute sufficient reason for the commis- sion to judge efforts at conference and concil…

Successful conciliation.(a)Prepa- ration. If the investigating commissioner, or such other commissioner as the commission may des- ignate, assisted by the executive director and the commission’s staff, shall succeed in endeavors un- der conference and conciliation, then a propose…

Consideration of complainant’s objections. If the complainant objects to the proposed conciliation agreement, complainant shall, within five (5) days of the agreement’s ser- vice upon complainant, serve a specification of the objections upon the commission. Unless such ob- jectio…

Settlements. 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. (Autho- rized by K.S.A. 1974 Supp. 44-1003 and 44-1004; effective, …

Non-disclosure of facts. 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 agree- ment may be disclosed. No officer, agent or em- ploye…

Compliance review. (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 inves- ti…

Reports. (a) Filing. When any per- son subject to the jurisdiction of the commission is required to do or perform any act by the commis- sion order, there shall be filed with the office of the commission within thirty (30) days following the date when such requirement became effe…

Posting of law and information. “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 organizatio…

Records. 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 …

Membership club references. Membership clubs which are covered by the Kan- sas act against discrimination may not require a recommendation by a present member or mem- bers as a prerequisite for admission to member- ship if the present membership does not bear a reasonable relatio…

Class B private clubs. All clubs holding licenses from the alcoholic beverage con- trol commission as class B clubs are deemed plac- es of public accommodations and subject to the provision of the Kansas act against discrimination. Nothing in the present paragraph shall be con- s…

Applicability. This article shall ap- ply to every contractor covered by K.S.A. 1977 Supp. 44-1030 and K.S.A. 1977 Supp. 44-1031. (AuthorizedbyK.S.A.44-1034;modified,L.1978, ch. 474, May 1, 1978.)

Definitions. 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 be- tween the state or any political sub-division of the state and any person to be pa…

Compliance review. (a) In deter- mining 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, ex- cept that a finding adverse to the contractor…

Affirmative action program. Af- firmative action programs may contain, but are not limited to: (a) Development or reaffirmation of the con- tractor’s equal employment opportunity policy in all personnel actions. (b) Formal internal and external dissemination of the contractor’s p…

Duties of contracting agency. It shallbethedutyofthecontractingagencyuponre- quest 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. (Authorized …

Exemptions. Contractor obliga- tions shall be limited to the contractor’s facilities within Kansas. (Authorized by K.S.A. 44-1034; ef- fective May 1, 1978.)

Contractor’s obligations. (a) Re- cruiting. The contractor at least once during the life of the agreement, contract or understanding shall send each labor union or workers’ represen- tative with which it has or is entering into a col- lective bargaining agreement or other contrac…

Definitions.(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 ad- ministration of matters regarding such of…

Discrimination in the making of loans and in the provision of other finan- cial assistance. Unlawful practices under K.S.A. 44-1017(a) include, but are not limited to, failing orrefusingtoprovidetoanyperson,inconnection with a residential real estate-related transaction, informat…

Discrimination in the purchas- ing of loans. (a) It shall be unlawful for any per- son or entity engaged in purchasing loans or other debts or securities which support the purchase, construction, improvement, repair or mainte- nance of a dwelling, or which are secured by res- ide…

Discrimination in the terms and conditions for making available loans or other financial assistance. (a) It shall be un- lawful for any person or entity engaged in making loans or providing other financial assistance relat- ing to the purchase, construction, improvement, repair o…

Unlawful practices in the sell- ing, brokering, or appraising of residential real property. (a) It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering or appraising of residential real property to discriminate against any pe…

Prohibitions against discrim- ination because of disability; definitions. (a) “Accessible,” when used with respect to the pub- lic and common use areas of a building contain- ing covered multifamily dwellings, means that the public or common use areas of the building can be appro…

Permissible inquiries under K.S.A. 44-1016(h). K.S.A. 44-1016(h) does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities: (a) Inquiry into an applicant’s ability to meet the requirements of ownership or…

Reasonable modifications of existing premises. (a) It shall be unlawful for any person to refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises occupied or to be occupied by a disabled person, if the proposed modifications may be nec…

Design and construction re- quirements. (a) On or after July 1, 1992, covered multifamily residential real property designed and constructed for first occupancy after January 1, 1992 shall have at least one building entrance on an accessible route, unless it is impractical to do …

State and federal elderly hous- ing programs. The provisions regarding familial status in this act shall not apply to housing pro- vided under any federal or state program that the secretary of the United States department of housing and urban development determines is specifical…

62 or over housing. The provi- sions regarding familial status in this act shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satis- fies the requirements of this act even though: (a) There are persons residing in such housi…

Discriminatory housing practic- es on the basis of familial status. The protec- tions 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 th…

55 or over housing. (a) The pro- visions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing satisfies the re- quirements of subparagraphs (b)(1) or (b)(2) and…

Prohibited interference, coer- cion or intimidation. Conduct made unlawful under K.S.A. 1991 Supp. 44-1027 includes, but is not limited to, the following: (a) Coercing a person either orally, in writing or by other means to deny or limit the benefits provided a person in connecti…

Complaints alleging unlawful housing practices. (a) The procedures under this act for investigation and conciliation of complaints will be conducted in accordance with K.A.R. Sec- tions 21-41, 21-42 and 21-43 to the extent these procedures are in compliance with K.S.A. 1991 Supp.…

Conciliation and conciliation agreements. (a) During the period beginning with the filing of the complaint and ending with either the serving of a notice of hearing under the provisions of K.S.A. 1991 Supp. 44-1019 or the dismissal of the complaint by the commission, the commissi…