Kansas Administrative Code

Kansas Administrative Regulations Kansas Human Rights Commission Article 3.—Conciliation (not in active use) 21-3-1. Revoked. (Authorized by K.S.A. 1965 Supp. 44-1004; effective Jan. 1, 1966; revoked Jan. 1, 1968.)

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-1. Revoked. (Authorized by K.S.A. 44-1004 (3); effective Jan. 1, 1972; revoked, E-74-14, Dec. 28, 1973; revoked May 1, 1975.)

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-10. Employment agencies and employment services. (a) An employment service, including private employment agencies, and state employment agencies, as de…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-11. Disparate treatment. The principle of disparate or unequal treatment must be distinguished from the concepts of test validation. A test or other em…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-12. Retesting. Employers, unions, and employment agencies should provide an opportunity for retesting and reconsideration to earlier "failure" candidat…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-13. Other selection techniques. Selection techniques other than tests, as defined in 21-30-2, may be improperly used so as to have the effect of discri…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-14. Affirmative action. Nothing in these guidelines shall be interpreted as diminishing a person's obligation under the Kansas act against discriminati…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-15. Word-of-mouth recruiting. Employers and/or labor organizations whose workforces or memberships do not bear a reasonable relationship to the racial …

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-16. Preference to relatives, friends or neighbors of present employees or members. Employers and/or labor organizations whose workforces or memberships…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-17. Pre-employment inquiries and practices. K.S.A. 44-1009 (a) (3) prohibits, among others, the following pre-employment or premembership inquiries and…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-18. Revoked. (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.)

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-19. Recruitment and referral agencies. (a) Public and private services. Where necessary to eliminate the continuing effects of prior discrimination, th…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-2. "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 …

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-20. Temporary employment. Where necessary to eliminate the continuing effects of prior discrimination, the commission may require employers to hire its…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-3. Discrimination defined. The use of any test which adversely affects hiring, promotion, transfer or any other employment or membership opportunity of…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-4. Evidence of validity. (a) Each person using tests to select from among candidates for a position or for membership shall have available for inspecti…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-5. Minimum standards for validation. (a) For the purpose of satisfying the requirements of this part, empirical evidence in support of a test's validit…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-6. Presentation of validity evidence. The presentation of the results of a validation study must include graphical and statistical representations of t…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-7. Use of other validity studies. 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 subje…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-8. Assumption of validity. (a) Under no circumstances will the general reputation of a test, its author or its publisher, or casual reports of test uti…

Kansas Administrative Regulations Kansas Human Rights Commission Article 30.—Employee Selection Procedures and Recruitment 21-30-9. 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…

Kansas Administrative Regulations Kansas Human Rights Commission Article 31.—Discrimination Because of National Origin or Ancestry 21-31-1. Construction of BFOQ Exemption. The bona fide occupational qualification exemption of K.S.A. 44-1009 (a) (3) shall be strictly construed as …

Kansas Administrative Regulations Kansas Human Rights Commission Article 31.—Discrimination Because of National Origin or Ancestry 21-31-2. Covert and overt discrimination. The Kansas act against discrimination is intended to eliminate covert as well as the overt practices of dis…

Kansas Administrative Regulations Kansas Human Rights Commission Article 31.—Discrimination Because of National Origin or Ancestry 21-31-3. Protection of noncitizens. The Kansas act against discrimination protects all individuals, both citizens and noncitizens, domiciled, residin…

Kansas Administrative Regulations Kansas Human Rights Commission Article 31.—Discrimination Because of National Origin or Ancestry 21-31-4. Protection of national security. Because discrimination on the basis of citizenship has the effect of discriminating on the basis of nationa…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-1. Sex as a bona fide occupational qualification. (a) The bona fide occupational qualification exceptions as to sex should be interpreted narrowly. Labels—"men's jobs"…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-2. Fringe benefits. "Fringe benefits," as used herein includes medical, hospital, accident, life insurance and retirement benefits; profit sharing and bonus plans; lea…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-3. Separate lines of progression and seniority systems. (a) It is an unlawful employment practice to classify a job as "male" or "female" or to maintain separate lines…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-4. 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…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-5. 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-discriminat…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-6. Pregnancy and childbirth. (a) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is pr…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-7. Revoked. (Authorized by K.S.A. 1974 Supp. 44-1004(3) and 44-1009; effective, E-73-5, Nov. 16, 1972; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoke…

Kansas Administrative Regulations Kansas Human Rights Commission Article 32.—Discrimination Because of Sex 21-32-8. Revoked. (Authorized by K.S.A. 1974 Supp. 44-1004(3) and 44-1009; effective, E-73-5, Nov. 16, 1972; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoke…

Kansas Administrative Regulations Kansas Human Rights Commission Article 33.—Discrimination Because of Religion 21-33-1. Statement of purpose. (a) The guidelines in this part have been adopted to contribute to the implementation of non-discriminatory personnel policies with respe…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-1. Definitions. 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…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-10. Information from a drug test. Any information regarding the medical condition or history of any employee or applicant obtained from a drug test, except info…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-11. Illegal use of drugs and alcohol; exception to the definition of "qualified individuals with a disability"; policies and procedures. (a) The term "qualified…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-12. Regulation of smoking. A covered entity may prohibit or impose restrictions on smoking in places of employment. (Authorized by K.S.A. 44-1004; implementing …

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-13. Direct threat; criteria for determination. (a) The determination that an individual with a disability poses a "direct threat" shall be based on an individua…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-14. Essential function; criteria for determination. (a) A job function may be considered essential for any of several reasons, including but not limited to the …

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-15. Direct threat as qualification standard. The term "qualification standards" may include a requirement that an individual shall not pose a direct threat to t…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-16. Infectious and communicable diseases; food handling jobs. (a) If an individual with a disability is disabled by an infectious or communicable disease and if…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-17. Revoked. (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;…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-18. Revoked. (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;…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-19. Undue hardship; definition; criteria for determination. (a) "Undue hardship" means an action requiring significant difficulty or expense. (b) Criteria for d…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-2. Medical examinations and inquiries; general prohibition. The prohibition against discrimination as referred to in K.S.A. 44-1009(a)(1) and 44-1009(a)(8) shal…

Kansas Administrative Regulations Kansas Human Rights Commission Article 34.—Discrimination Because of Disability 21-34-20. Exceptions to the definitions of "disability. " (a) The term "disability" does not include: (1) transvestism, transsexualism, pedophilia, exhibitionism, voy…