Amending the Kansas act against discrimination to include sexual orientation, gender identity or expression and status as a veteran.

Session of 2025
HOUSE BILL No. 2407
By Committee on Federal and State Affairs
Requested by Representative Woodard
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AN ACT concerning the Kansas act against discrimination; adding sexual
orientation, gender identity or expression and status as a veteran as
protected classes under the act; amending K.S.A. 12-16,107, 44-1001,
44-1002, 44-1004, 44-1005, 44-1006, 44-1009, 44-1015, 44-1016, 44-
1017, 44-1027 and 44-1030 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-16,107 is hereby amended to read as follows:
12-16,107. In case of the refusal of any person to comply with any
subpoena issued by a local human relations commission , or to testify to
any matter regarding which such person may be lawfully questioned , the
district court of any county may, upon application of the local human
relations commission, order such person to comply with such subpoena
and to testify to the extent such person could be so compelled pursuant to
the provisions of subsection (5) of K.S.A. 44-1004 (e), and amendments
thereto, of the Kansas act against discrimination. Failure to obey the
court's order shall be punishable by the court as contempt.
Sec. 2. K.S.A. 44-1001 is hereby amended to read as follows: 44-
1001. (a) This act shall be known as the Kansas act against discrimination.
(b) It shall be deemed an exercise of the police power of the state for
the protection of the public welfare, safety, health and peace of the people
of this state. The practice or policy of discrimination against individuals in
employment relations, in relation to free and public accommodations, in
housing by reason of race, religion, color, sex, disability, national origin
or, ancestry, sexual orientation, gender identity or expression or status as
a veteran or in housing by reason of familial status is a matter of concern
to the state, since such discrimination threatens not only the rights and
privileges of the inhabitants of the state of Kansas but menaces the
institutions and foundations of a free democratic state. It is hereby
declared to be the policy of the state of Kansas to eliminate and prevent
discrimination in all employment relations, to eliminate and prevent
discrimination, segregation, or separation in all places of public
accommodations covered by this act, and to eliminate and prevent
discrimination, segregation or separation in housing.
(c) It is also declared to be the policy of this state to assure equal
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opportunities and encouragement to every citizen regardless of race,
religion, color, sex, disability, national origin or , ancestry, sexual
orientation, gender identity or expression or status as a veteran in
securing and holding, without discrimination, employment in any field of
work or labor for which a person is properly qualified, to assure equal
opportunities to all persons within this state to full and equal public
accommodations, and to assure equal opportunities in housing without
distinction on account of race, religion, color, sex, disability, familial
status, national origin or, ancestry, sexual orientation, gender identity or
expression or status as a veteran. It is further declared that the opportunity
to secure and to hold employment, the opportunity for full and equal
public accommodations as covered by this act and the opportunity for full
and equal housing are civil rights of every citizen.
(d) To protect these rights, it is hereby declared to be the purpose of
this act to establish and to provide a state commission having power to
eliminate and prevent segregation and discrimination, or separation in
employment, in all places of public accommodations covered by this act,
in housing because of race, religion, color, sex, disability, national origin
or, ancestry, sexual orientation, gender identity or expression or status as
a veteran and in housing because of familial status, either by employers,
labor organizations, employment agencies, realtors, financial institutions
or other persons as hereinafter provided.
Sec. 3. K.S.A. 44-1002 is hereby amended to read as follows: 44-
1002. When used in this act the Kansas act against discrimination:
(a) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives, trustees,
trustees in bankruptcy or receivers.
(b) (1) "Employer" includes any person in this state employing four
or more persons and any person acting directly or indirectly for an
employer, labor organizations, nonsectarian corporations, organizations
engaged in social service work and the state of Kansas and all political and
municipal subdivisions thereof, but shall.
(2) "Employer" does not include a nonprofit fraternal or social
association or corporation.
(c) "Employee" does not include any individual employed by such
individual's parents, spouse or child or in the domestic service of any
person.
(d) "Labor organization" includes any organization which that exists
for the purpose, in whole or in part, of collective bargaining, of dealing
with employers concerning grievances, terms or conditions of employment
or of other mutual aid or protection in relation to employment.
(e) "Employment agency" includes any person or governmental
agency undertaking, with or without compensation, to procure
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opportunities to work or to procure, recruit, refer or place employees.
(f) "Commission" means the Kansas human rights commission
created by this act K.S.A. 44-1003, and amendments thereto.
(g) "Unlawful employment practice" includes only those unlawful
practices and acts specified in K.S.A. 44-1009 , and amendments thereto ,
and includes segregate or separate.
(h) (1) "Public accommodations" means any person who caters or
offers goods, services, facilities and accommodations to the public.
(2) "Public accommodations" include, but are not limited to, any
lodging establishment or food service establishment, as defined by K.S.A.
36-501, and amendments thereto; any, bar, tavern, barbershop, beauty
parlor, theater, skating rink, bowling alley, billiard parlor, amusement park,
recreation park, swimming pool, lake, gymnasium, mortuary or cemetery
which that is open to the public; or any public transportation facility.
(3) "Public accommodations" dodoes not include a religious or
nonprofit fraternal or social association or corporation.
(i) "Unlawful discriminatory practice" means:
(1) Any discrimination against persons, by reason of their race,
religion, color, sex, disability, national origin or ancestry:
(A) In any place of public accommodations; or
(B) in the full and equal use and enjoyment of the services, facilities,
privileges and advantages of any institution, department or agency of the
state of Kansas or any political subdivision or municipality thereof; and
(2) any discrimination against persons in regard to membership in a
nonprofit recreational or social association or corporation by reason of
race, religion, sex, color, sex, disability, national origin or ancestry if such
association or corporation has 100 or more members and:
(A) Provides regular meal service; and
(B) receives payment for dues, fees, use of space, use of facility,
services, meals or beverages, directly or indirectly, from or on behalf of
nonmembers.
This term"Unlawful discriminatory practice" shall not apply to a
religious or private fraternal and benevolent association or corporation.
(j) (1) "Disability" means, with respect to an individual:
(1)(A) A physical or mental impairment that substantially limits one
or more of the major life activities of such individual;
(2)(B) a record of such an impairment; or
(3)(C) being regarded as having such an impairment.
(2) "Disability" does not include current, illegal use of a controlled
substance as defined in section 102 of the federal controlled substance
substances act ( , 21 U.S.C. § 802 ), in housing discrimination. In
employment and public accommodation discrimination, "disability" does
not include an individual who is currently engaging in the illegal use of
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drugs where possession or distribution of such drugs is unlawful under the
controlled substance substances act (, 21 U.S.C. § 812), when the covered
entity acts on the basis of such use.
(k) (1) "Reasonable accommodation" means:
(A) Making existing facilities used by employees readily accessible
to and usable by individuals with disabilities; and
(B) job restructuring ;, part-time or modified work schedules ;,
reassignment to a vacant position ;, acquisition or modification of
equipment or devices ;, appropriate adjustment or modifications of
examinations, training materials or policies;, provision of qualified readers
or interpreters; and other similar accommodations for individuals with
disabilities.
(2) A reasonable accommodation or a reasonable modification to
policies, practices or procedures need not be provided to an individual who
meets the definition of disability in K.S.A. 44-1002(j)(3), and amendments
thereto subsection (j)(1)(C).
(l) "Regarded as having such an impairment" means the absence of a
physical or mental impairment but regarding or treating an individual as
though such an impairment exists. An individual meets the requirement of
"being regarded as having such an impairment" if the individual
establishes that such individual has been subjected to an action prohibited
under this act because of an actual or perceived physical or mental
impairment whether or not the impairment limits or is perceived to limit a
major life activity. Subsection (j)(3) (j)(1)(C) shall not apply to
impairments that are transitory or minor. A transitory impairment is an
impairment with an actual or expected duration of six months or less.
(m)(1) "Major life activities" means:
(1) Major life activities include includes , but are is not limited to,
caring for oneself, performing manual tasks, seeing, hearing, eating,
sleeping, walking, standing, lifting, bending, speaking, breathing, learning,
reading, concentrating, thinking, communicating, and working.
(2) It"Major life activities" also includes the operation of a major
bodily function, including, but not limited to, functions of the immune
system, normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine and reproductive functions.
(n) "Genetic screening or testing" means a laboratory test of a
person's genes or chromosomes for abnormalities, defects or deficiencies,
including carrier status, that are linked to physical or mental disorders or
impairments, or that indicate a susceptibility to illness, disease or other
disorders, whether physical or mental, which test is a direct test for
abnormalities, defects or deficiencies, and not an indirect manifestation of
genetic disorders.
(o) "Sexual orientation" means actual, or perceived, male or female
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heterosexuality, homosexuality or bisexuality by inclination, practice or
expression.
(p) "Gender identity or expression" means the gender-related
identity, appearance, mannerisms or other gender-related characteristics
of an individual, without regard to such individual's designated sex at
birth.
(q) "Veteran" means a person who served in the active military,
naval, air or space service and who was discharged or released therefrom
under conditions other than dishonorable.
Sec. 4. K.S.A. 44-1004 is hereby amended to read as follows: 44-
1004. The commission shall have the following functions, powers and
duties:
(1)(a) To establish and maintain its principal office in the city of
Topeka, and such other offices elsewhere within the state as it may deem
necessary.
(2)(b) To meet and function at any place within the state.
(3)(c) To adopt, promulgate, amend and rescind suitable rules and
regulations to carry out the provisions of this act, and the policies and
practices of the commission in connection therewith conducted in
accordance with this act.
(4)(d) To receive, initiate, investigate and pass upon complaints
alleging discrimination in employment, public accommodations and
housing because of race, religion, color, sex, disability, national origin or,
ancestry, sexual orientation, gender identity or expression or status as a
veteran and complaints alleging discrimination in housing because of
familial status.
(5)(e) To subpoena witnesses, compel their appearance and require
the production for examination of records, documents and other evidence
or possible sources of evidence and to examine, record and copy such
materials and take and record the testimony or statements of such persons.
The commission may issue subpoenas to compel access to or the
production of such materials, or the appearance of such persons, and may
issue interrogatories to a respondent to the same extent and subject to the
same limitations as would apply if the subpoena or interrogatories were
issued or served in aid of a civil action in the district court. The
commission shall have access at all reasonable times to premises and may
compel such access by application to a court of competent jurisdiction
provided that the commission first complies with the provisions of article
section 15 of the Kansas bill of rights and the fourth amendment to the
United States constitution relating to unreasonable searches and seizures.
The commission may administer oaths and take depositions to the same
extent and subject to the same limitations as would apply if the deposition
was taken in aid of a civil action in the district court. In case of the refusal
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of any person to comply with any subpoena, interrogatory or search
warrant issued hereunder, or to testify to any matter regarding which such
person may be lawfully questioned, the district court of any county may,
upon application of the commission, order such person to comply with
such subpoena or interrogatory and to testify. Failure to obey the court's
order may be punished by the court as contempt. No person shall be
prosecuted or subjected to any penalty or forfeiture for or on account of
any transaction, matter or thing concerning which such person testifies or
produces evidence, except that such person so testifying shall not be
exempt from prosecution and punishment for perjury committed in so
testifying. The immunity herein provided shall extend only to natural
persons.
(6)(f) To act in concert with other parties in interest in order to
eliminate and prevent discrimination and segregation, prohibited by this
act, by including any term in a conciliation agreement as could be included
in a final order under this act.
(7)(g) To apply to the district court of the county where the
respondent resides or transacts business for enforcement of any
conciliation agreement by seeking specific performance of such
agreement.
(8)(h) To issue such final orders after a public hearing as may remedy
any existing situation found to violate this act and prevent its recurrence.
(9)(i) To endeavor to eliminate prejudice among the various ethnic
groups and people with disabilities in this state and to further good will
among such groups. The commission in cooperation with the state
department of education shall prepare a comprehensive educational
program designed for the students of the public schools of this state and
for all other residents thereof, calculated to emphasize the origin of
prejudice against such groups, its harmful effects and its incompatibility
with American principles of equality and fair play.
(10)(j) To create such advisory agencies and conciliation councils,
local, regional or statewide, as in its judgment will aid in effectuating the
purposes of this act; to study the problem of discrimination in all or
specific fields or instances of discrimination because of race, religion,
color, sex, disability, national origin or , ancestry , sexual orientation,
gender identity or expression or status as a veteran ; to foster, through
community effort or otherwise, good will, cooperation and conciliation
among the groups and elements of the population of this state; and to make
recommendations to the commission for the development of policies and
procedures, and for programs of formal and informal education, which
that the commission may recommend to the appropriate state agency. Such
advisory agencies and conciliation councils shall be composed of
representative citizens serving without pay. The commission may itself
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make the studies and perform the acts authorized by this paragraph. It The
commission may, by voluntary conferences with parties in interest,
endeavor by conciliation and persuasion to eliminate discrimination in all
the stated fields and to foster good will and cooperation among all
elements of the population of the state.
(11)(k) To accept contributions from any person to assist in the
effectuation of this section and to seek and enlist the cooperation of
private, charitable, religious, labor, civic and benevolent organizations for
the purposes of this section.
(12)(l) To issue such publications and such results of investigation
and research as in its judgment will tend to promote good will and
minimize or eliminate discrimination because of race, religion, color, sex,
disability, national origin or, ancestry, sexual orientation, gender identity
or expression or status as a veteran.
(13)(m) To render each year to the governor and to the state
legislature a full written report of all of its activities and of its the
commission's recommendations.
(14)(n) To adopt an official seal.
(15)(o) To receive and accept federal funds to effectuate the purposes
of the act and to enter into agreements with any federal agency for such
purpose.
Sec. 5. K.S.A. 44-1005 is hereby amended to read as follows: 44-
1005. (a) Any person claiming to be aggrieved by an alleged unlawful
employment practice or by an alleged unlawful discriminatory practice,
and who can articulate a prima facie case pursuant to a recognized legal
theory of discrimination, may, personally or by an attorney-at-law, make,
sign and file with the commission a verified complaint in writing,
articulating the prima facie case, which shall also state the name and
address of the person, employer, labor organization or employment agency
alleged to have committed the unlawful employment practice complained
of or the name and address of the person alleged to have committed the
unlawful discriminatory practice complained of, and which shall set forth
the particulars thereof and contain such other information as may be
required by the commission.
(b) The commission upon its own initiative or the attorney general
may, in like manner, make, sign and file such complaint. Whenever the
attorney general has sufficient reason to believe that any person as herein
defined is engaged in a practice of discrimination, segregation or
separation in violation of this act, the attorney general may make, sign and
file a complaint. Any employer whose employees or some of whom, refuse
or threaten to refuse to cooperate with the provisions of this act, may file
with the commission a verified complaint asking for assistance by
conciliation or other remedial action.
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(c) Whenever any problem of discrimination because of race,
religion, color, sex, disability, national origin or , ancestry , sexual
orientation, gender identity or expression or status as a veteran arises, or
whenever the commission has, in its own the judgment of the commission,
reason to believe that any person has engaged in an unlawful employment
practice or an unlawful discriminatory practice in violation of this act, or
has engaged in a pattern or practice of discrimination, the commission may
conduct an investigation without filing a complaint and shall have the
same powers during such investigation as provided for the investigation of
complaints. The person to be investigated shall be advised of the nature
and scope of such investigation prior to its commencement. The purpose of
the investigation shall be to resolve any such problems promptly. In the
event such problems cannot be resolved within a reasonable time, the
commission may issue a complaint whenever the investigation has
revealed a violation of the Kansas act against discrimination has occurred.
The information gathered in the course of the first investigation may be
used in processing the complaint.
(d) After the filing of any complaint by an aggrieved individual, by
the commission, or by the attorney general, the commission shall, within
seven days after the filing of the complaint, serve a copy on each of the
parties alleged to have violated this act, and shall designate one of the
commissioners to make, with the assistance of the commission's staff,
prompt investigation of the alleged act of discrimination. If the
commissioner shall determine after such investigation that no probable
cause exists for crediting the allegations of the complaint, such
commissioner, within 10 business days from such determination, shall
cause to be issued and served upon the complainant and respondent written
notice of such determination.
(e) If such commissioner after such investigation, shall determine that
probable cause exists for crediting the allegations for the complaint, the
commissioner or such other commissioner as the commission may
designate, shall immediately endeavor to eliminate the unlawful
employment practice or the unlawful discriminatory practice complained
of by conference and conciliation. The complainant, respondent and
commission shall have 45 days from the date respondent is notified in
writing of a finding of probable cause to enter into a conciliation
agreement signed by all parties in interest. The parties may amend a
conciliation agreement at any time prior to the date of entering into such
agreement. Upon agreement by the parties the time for entering into such
agreement may be extended. The members of the commission and its staff
shall not disclose what has transpired in the course of such endeavors.
(f) In case of failure to eliminate such practices by conference and
conciliation, or in advance thereof, if in the judgment of the commissioner
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HB 2407 9
or the commission circumstances so warrant, the commissioner or the
commission shall commence a hearing in accordance with the provisions
of the Kansas administrative procedure act naming as parties the
complainant and the person, employer, labor organization, employment
agency, realtor or financial institution named in such complaint,
hereinafter referred to as respondent. A copy of the complaint shall be
served on the respondent. At least four commissioners or a presiding
officer from the office of administrative hearings shall be designated as the
presiding officer. The place of such hearing shall be in the county where
respondent is doing business and the acts complained of occurred.
(g) The complainant or respondent may apply to the presiding officer
for the issuance of a subpoena for the attendance of any person or the
production or examination of any books, records or documents pertinent to
the proceeding at the hearing. Upon such application the presiding officer
shall issue such subpoena.
(h) The case in support of the complaint shall be presented before the
presiding officer by one of the commission's attorneys or agents, or by
private counsel, if any, of the complainant, and the commissioner who
shall have previously made the investigation shall not participate in the
hearing except as a witness. Any endeavors at conciliation shall not be
received in evidence.
(i) Any complaint filed pursuant to this act must be so filed within six
months after the alleged act of discrimination, unless the act complained of
constitutes a continuing pattern or practice of discrimination in which
event it will be from the last act of discrimination. Complaints filed with
the commission may be dismissed by the commission on its own initiative,
and shall be dismissed by the commission upon the written request of the
complainant, if the commission has not issued a finding of probable cause
or no probable cause or taken other administrative action dismissing the
complaint within 300 days of the filing of the complaint. The commission
shall mail written notice to all parties of dismissal of a complaint within
five days of dismissal. Any such dismissal of a complaint in accordance
with this section shall constitute final action by the commission which
shall be deemed to exhaust all administrative remedies under the Kansas
act against discrimination for the purpose of allowing subsequent filing of
the matter in court by the complainant, without the requirement of filing a
petition for reconsideration pursuant to K.S.A. 44-1010, and amendments
thereto. Dismissal of a complaint in accordance with this section shall not
be subject to appeal or judicial review by any court under the provisions of
K.S.A. 44-1011, and amendments thereto. The provisions of this section
shall not apply to complaints alleging discriminatory housing practices
filed with the commission pursuant to K.S.A. 44-1015 et seq., and
amendments thereto.
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(j) The respondent may file a written verified answer to the complaint
and appear at such hearing in person or otherwise, with or without counsel,
and submit testimony. The complainant shall appear at such hearing in
person, with or without counsel, and submit testimony. The presiding
officer or the complainant shall have the power reasonably and fairly to
amend any complaint, and the respondent shall have like power to amend
such respondent's answer. The presiding officer shall be bound by the rules
of evidence prevailing in courts of law or equity, and only relevant
evidence of reasonable probative value shall be received.
(k) If the presiding officer finds a respondent has engaged in or is
engaging in any unlawful employment practice or unlawful discriminatory
practice as defined in this act, the presiding officer shall render an order
requiring such respondent to cease and desist from such unlawful
employment practice or such unlawful discriminatory practice and to take
such affirmative action, including, but not limited to:
(1) The hiring, reinstatement, or upgrading of employees, with or
without back pay, and the admission or restoration to membership in any
respondent labor organizations;
(2) the admission to and full and equal enjoyment of the goods,
services, facilities, and accommodations offered by any respondent place
of public accommodation denied in violation of this act, as, in the
judgment of the presiding officer, will effectuate the purposes of this act ,
and including; and
(3) a requirement for report of the manner of compliance. Such order
may also include an award of damages for pain, suffering and humiliation
which are incidental to the act of discrimination, except that an award for
such pain, suffering and humiliation shall in no event exceed the sum of
$2,000.
(l) Any state, county or municipal agency may pay a complainant
back pay if it has entered into a conciliation agreement for such purposes
with the commission, and may pay such back pay if it is ordered to do so
by the commission.
(m) If the presiding officer finds that a respondent has not engaged in
any such unlawful employment practice, or any such unlawful
discriminatory practice, the presiding officer shall render an order
dismissing the complaint as to such respondent.
(n) The commission shall review an initial order rendered under
subsection (k) or (m). In addition to the parties, a copy of any final order
shall be served on the attorney general and such other public officers as the
commission may deem proper.
(o) The commission shall, except as otherwise provided, establish
rules of practice to govern, expedite and effectuate the foregoing
procedure and its own actions thereunder. The rules of practice shall be
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HB 2407 11
available, upon written request, within 30 days after the date of adoption.
Sec. 6. K.S.A. 44-1006 is hereby amended to read as follows: 44-
1006. (a) The provisions of this act shall be construed liberally for the
accomplishment of the purposes thereof. Nothing contained in this act
shall be deemed to repeal any of the provisions of any other law of this
state relating to discrimination because of race, religion, color, sex,
disability, national origin or, ancestry sexual orientation, gender identity
or expression or status as a veteran, unless the same is specifically
repealed by this act.
(b) Nothing in this act shall be construed to mean that an employer
shall be forced to hire unqualified or incompetent personnel , or discharge
qualified or competent personnel.
(c) The definition of "disability" in K.S.A. 44-1002(j), and
amendments thereto, shall be construed in accordance with the following:
(1) The definition of disability in this act shall be construed in favor
of broad coverage of individuals under this act, to the maximum extent
permitted by the terms of this act;
(2) an impairment that substantially limits one major life activity need
not limit other major life activities in order to be considered a disability;
(3) an impairment that is episodic or in remission is a disability if it
would substantially limit a major life activity when active; and
(4) (A) The determination of whether an impairment substantially
limits a major life activity shall be made without regard to the ameliorative
effects of mitigating measures such as the following:
(i) Medication, medical supplies, equipment, or appliances, low-
vision devices (which do not include not including ordinary eye glasses or
contact lenses), prosthetics including limbs and devices, hearing aids and,
cochlear implants or other implantable hearing devices, mobility devices ,
or oxygen therapy equipment and supplies;
(ii) use of assistive technology;
(iii) reasonable accommodations or auxiliary aides or services; or
(iv) learned behavioral or adaptive neurological modifications.
(B) The ameliorative effects of the mitigating measures of ordinary
eyeglasses or contact lenses shall be considered in determining whether an
impairment substantially limits a major life activity.
(C) As used in this subparagraph:
(i) "Ordinary eyeglasses or contact lenses" means lenses that are
intended to fully correct visual acuity or eliminate refractive error; and
(ii) "low-vision devices" means devices that magnify, enhance, or
otherwise augment a visual image.
Sec. 7. K.S.A. 44-1009 is hereby amended to read as follows: 44-
1009. (a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, color, sex,
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HB 2407 12
disability, national origin or, ancestry, sexual orientation, gender identity
or expression or status as a veteran of any person to:
(A) Refuse to hire or employ such person to;
(B) bar or discharge such person from employment or to otherwise
discriminate against such person in compensation or in terms, conditions
or privileges of employment; to
(C) limit, segregate, separate, classify or make any distinction in
regards to employees; or to
(D) follow any employment procedure or practice which, in fact, that
results in discrimination, segregation or separation without a valid
business necessity.
(2) For a labor organization, because of the race, religion, color, sex,
disability, national origin or, ancestry, sexual orientation, gender identity
or expression or status as a veteran of any person, to exclude or to expel
from its membership such person or to discriminate in any way against any
of its members or against any employer or any person employed by an
employer.
(3) For any employer, employment agency or labor organization to
print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for
employment or membership or to make any inquiry in connection with
prospective employment or membership , which that expresses, directly or
indirectly, any limitation, specification or discrimination as to race,
religion, color, sex, disability, national origin or , ancestry , sexual
orientation, gender identity or expression or status as a veteran , or any
intent to make any such limitation, specification or discrimination, unless
based on a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to
discharge, expel or otherwise discriminate against any person because such
person has opposed any practices or acts forbidden under this act or
because such person has filed a complaint, testified or assisted in any
proceeding under this act.
(5) For an employment agency to:
(A) Refuse to list and properly classify for employment or to refuse to
refer any person for employment or otherwise discriminate against any
person because of such person's race, religion, color, sex, disability,
national origin or , ancestry , sexual orientation, gender identity or
expression or status as a veteran; or to
(B) comply with a request from an employer for a referral of
applicants for employment if the request expresses, either directly or
indirectly, any limitation, specification or discrimination as to race,
religion, color, sex, disability, national origin or , ancestry , sexual
orientation, gender identity or expression or status as a veteran.
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HB 2407 13
(6) For an employer, labor organization, employment agency, or
school which that provides, coordinates or controls apprenticeship, on-the-
job, or other training or retraining program, to:
(A) Maintain a practice of discrimination, segregation or separation
because of race, religion, color, sex, disability, national origin or, ancestry,
sexual orientation, gender identity or expression or status as a veteran , in
admission, hiring, assignments, upgrading, transfers, promotion, layoff,
dismissal, apprenticeship or other training or retraining program, or in any
other terms, conditions or privileges of employment, membership,
apprenticeship or training; or to
(B) follow any policy or procedure which, in fact, that results in such
practices without a valid business motive.
(7) For any person, whether an employer or an employee or not, to
aid, abet, incite, compel or coerce the doing of any of the acts forbidden
under this act, or attempt to do so.
(8) For an employer, labor organization, employment agency or joint
labor-management committee to:
(A) Limit, segregate or classify a job applicant or employee in a way
that adversely affects the opportunities or status of such applicant or
employee because of the disability of such applicant or employee;
(B) participate in a contractual or other arrangement or relationship,
including a relationship with an employment or referral agency, labor
union, an organization providing fringe benefits to an employee or an
organization providing training and apprenticeship programs that has the
effect of subjecting a qualified applicant or employee with a disability to
the discrimination prohibited by this act;
(C) utilize standards criteria, or methods of administration that have
the effect of discrimination on the basis of disability or that perpetuate the
discrimination of others who are subject to common administrative
control;
(D) exclude or otherwise deny equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom the
qualified individual is known to have a relationship or association;
(E) not make reasonable accommodations to the known physical or
mental limitations of an otherwise qualified individual with a disability
who is an applicant or employee, unless such employer, labor organization,
employment agency or joint labor-management committee can
demonstrate that the accommodation would impose an undue hardship on
the operation of the business thereof;
(F) deny employment opportunities to a job applicant or employee
who is an otherwise qualified individual with a disability, if such denial is
based on the need to make reasonable accommodation to the physical or
mental impairments of the employee or applicant;
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HB 2407 14
(G) use qualification standards, employment tests or other selection
criteria that screen out or tend to screen out an individual with a disability
or a class of individuals with disabilities unless the standard, test or other
selection criteria, as used, is shown to be job-related for the position in
question and is consistent with business necessity; or
(H) fail to select and administer tests concerning employment in the
most effective manner to ensure that, when such test is administered to a
job applicant or employee who has a disability that impairs sensory,
manual or speaking skills, the test results accurately reflect the skills,
aptitude or whatever other factor of such applicant or employee that such
test purports to measure, rather than reflecting the impaired sensory,
manual or speaking skills of such employee or applicant (, except where
such skills are the factors that the test purports to measure).
(9) For any employer to:
(A) Seek to obtain, to obtain or to use genetic screening or testing
information of an employee or a prospective employee to distinguish
between or discriminate against or restrict any right or benefit otherwise
due or available to an employee or a prospective employee; or
(B) subject, directly or indirectly, any employee or prospective
employee to any genetic screening or test.
(b) It shall not be an unlawful employment practice to fill vacancies
in such way as to eliminate or reduce imbalance with respect to race,
religion, color, sex, disability, national origin or, ancestry , sexual
orientation, gender identity or expression or status as a veteran.
(c) It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator,
lessee, manager, agent or employee of any place of public accommodation
to refuse, deny or make a distinction, directly or indirectly, in offering its
goods, services, facilities , and accommodations to any person as covered
by this act because of race, religion, color, sex, disability, national origin
or, ancestry, sexual orientation, gender identity or expression or status as
a veteran, except where a distinction because of sex is necessary because
of the intrinsic nature of such accommodation.
(2) For any person, whether or not specifically enjoined from
discriminating under any provisions of this act, to aid, abet, incite, compel
or coerce the doing of any of the acts forbidden under this act, or to
attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly or
indirectly, or discriminate in any way against persons because of the race,
religion, color, sex, disability, national origin or , ancestry , sexual
orientation, gender identity or expression or status as a veteran of such
persons in the full and equal use and enjoyment of the services, facilities,
privileges and advantages of any institution, department or agency of the
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HB 2407 15
state of Kansas or any political subdivision or municipality thereof.
Sec. 8. K.S.A. 44-1015 is hereby amended to read as follows: 44-
1015. As used in this act, unless the context otherwise requires:
(a) "Commission" means the Kansas human rights commission.
(b) "Real property" means and includes:
(1) All vacant or unimproved land; and
(2) any building or structure which that is occupied or designed or
intended for occupancy, or any building or structure having a portion
thereof which that is occupied or designed or intended for occupancy.
(c) "Family" includes a single individual.
(d) "Person" means an individual, corporation, partnership,
association, labor organization, legal representative, mutual company,
joint-stock company, trust, unincorporated organization, trustee, trustee in
bankruptcy, receiver and fiduciary.
(e) "To rent" means to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
(f) "Discriminatory housing practice" means any act that is unlawful
under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto.
(g) "Person aggrieved" means any person who claims to have been
injured by a discriminatory housing practice or believes that such person
will be injured by a discriminatory housing practice that is about to occur.
(h) "Disability" has the meaning provided by means the same as
defined in K.S.A. 44-1002 and amendments thereto.
(i) "Familial status" means having one or more individuals less than
18 years of age domiciled with:
(1) A parent or another person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having such custody,
with the written permission of such parent or other person.
(j) "Sexual orientation" means actual, or perceived, male or female
heterosexuality, homosexuality or bisexuality by inclination, practice or
expression.
(k) "Gender identity or expression" means the gender-related identity,
appearance, mannerisms or other gender-related characteristics of an
individual, without regard to such individual's designated sex at birth.
(l) "Veteran" means a person who served in the active military, naval,
air or space service and who was discharged or released therefrom under
conditions other than dishonorable.
Sec. 9. K.S.A. 44-1016 is hereby amended to read as follows: 44-
1016. Subject to the provisions of K.S.A. 44-1018 and amendments
thereto, it shall be unlawful for any person:
(a) To refuse to sell or rent after the making of a bona fide offer, to
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HB 2407 16
fail to transmit a bona fide offer or refuse to negotiate in good faith for the
sale or rental of, or otherwise make unavailable or deny, real property to
any person because of race, religion, color, sex, disability, familial status,
national origin or , ancestry , sexual orientation, gender identity or
expression or status as a veteran.
(b) To discriminate against any person in the terms, conditions or
privileges of sale or rental of real property, or in the provision of services
or facilities in connection therewith, because of race, religion, color, sex,
disability, familial status, national origin or ancestry.
(c) To make, print, publish, disseminate or use, or cause to be made,
printed, published, disseminated or used, any notice, statement,
advertisement or application, with respect to the sale or rental of real
property that indicates any preference, limitation, specification or
discrimination based on race, religion, color, sex, disability, familial status,
national origin or , ancestry , sexual orientation, gender identity or
expression or status as a veteran, or an intention to make any such
preference, limitation, specification or discrimination.
(d) To represent to any person because of race, religion, color, sex,
disability, familial status, national origin or, ancestry, sexual orientation,
gender identity or expression or status as a veteran that any real property
is not available for inspection, sale or rental when such real property is in
fact so available.
(e) For profit, to induce or attempt to induce any person to sell or rent
any real property by representation regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular race,
religion, color, sex, disability, familial status, national origin or, ancestry,
sexual orientation, gender identity or expression or status as a veteran.
(f) To deny any person access to or membership or participation in
any multiple-listing service, real estate brokers' organization or other
service, organization or facility relating to the business of selling or renting
real property, or to discriminate against such person in the terms or
conditions of such access, membership or participation, because of race,
religion, color, sex, disability, familial status, national origin or, ancestry,
sexual orientation, gender identity or expression or status as a veteran.
(g) To discriminate against any person in such person's use or
occupancy of real property because of the race, religion, color, sex,
disability, familial status, national origin or, ancestry, sexual orientation,
gender identity or expression or status as a veteran of the people with
whom such person associates.
(h) (1) To discriminate in the sale or rental, or to otherwise make
unavailable or deny, residential real property to any buyer or renter
because of a disability of:
(A) ThatSuch buyer or renter;
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HB 2407 17
(B) a person residing in or intending to reside in such real property
after it is sold, rented or made available; or
(C) any person associated with that such buyer or renter.
(2) To discriminate against any person in the terms, conditions or
privileges of sale or rental of residential real property or in the provision of
services or facilities in connection with such real property because of a
disability of:
(A) ThatSuch person;
(B) a person residing in or intending to reside in that real property
after it is so sold, rented or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection (h), discrimination includes:
(A) A refusal to permit, at the expense of the person with a disability,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises;
(B) a refusal to make reasonable accommodations in rules, policies,
practices or services, when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy residential real
property; or
(C) in connection with the design and construction of covered
multifamily residential real property for first occupancy on and after
January 1, 1992, a failure to design and construct such residential real
property in such a manner that:
(i) The public use and common use portions of such residential real
property are readily accessible to and usable by persons with disabilities;
(ii) all the doors designed to allow passage into and within all
premises within such residential real property are sufficiently wide to
allow passage by persons with disabilities who are in wheelchairs; and
(iii) all premises within such residential real property contain the
following features of adaptive design: An accessible route into and through
the residential real property; light switches, electrical outlets, thermostats
and other environmental controls in accessible locations; reinforcements in
bathroom walls to allow later installation of grab bars; and usable kitchens
and bathrooms such that an individual in a wheelchair can maneuver about
the space.
(4) Compliance with the appropriate requirements of the American
national standard for buildings and facilities providing accessibility and
usability for physically handicapped people, commonly cited as "ANSI A
117.1," suffices to satisfy the requirements of subsection (h)(3)(C)(iii).
(5) As used in this subsection (h) , "covered multifamily residential
real property" means:
(A) Buildings consisting of four or more units if such buildings have
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HB 2407 18
one or more elevators; and
(B) ground floor units in other buildings consisting of four or more
units.
(6) Nothing in this act shall be construed to invalidate or limit any
state law or ordinance that requires residential real property to be designed
and constructed in a manner that affords persons with disabilities greater
access than is required by this act.
(7) Nothing in this subsection (h) requires that residential real
property be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals or
whose tenancy would result in substantial physical damage to the property
of others.
Sec. 10. K.S.A. 44-1017 is hereby amended to read as follows: 44-
1017. (a) It shall be unlawful for any person or other entity whose business
includes engaging in real estate related transactions to discriminate against
any person in making available such a transaction, or in the terms or
conditions of such a transaction, because of the race, religion, color, sex,
disability, familial status, national origin or, ancestry, sexual orientation,
gender identity or expression or status as a veteran of such person or of
any person associated with such person in connection with any real estate
related transaction.
(b) As used in this section, "real estate related transaction" means any
of the following:
(1) The making or purchasing of loans or providing other financial
assistance:
(A) For purchasing, constructing, improving, repairing or maintaining
a dwelling; or
(B) secured by real property.
(2) The selling, brokering or appraising of real property.
(c) Nothing in this section prohibits a person engaged in the business
of furnishing appraisals of real property to take into consideration factors
other than race, religion, color, sex, disability, familial status, national
origin or , ancestry , sexual orientation, gender identity or expression or
status as a veteran.
Sec. 11. K.S.A. 44-1027 is hereby amended to read as follows: 44-
1027. (a) No person, whether or not acting under color of law, shall by
force or threat of force willfully intentionally injure, intimidate or interfere
with, or attempt to injure, intimidate or interfere with:
(1) Any person because of such person's race, religion, color, sex,
disability, familial status, national origin or, ancestry, sexual orientation,
gender identity or expression or status as a veteran and because such
person is or has been selling, purchasing, renting, financing, occupying or
contracting or negotiating for the sale, purchase, rental, financing or
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HB 2407 19
occupation of any real property, or applying for or participating in any
service, organization or facility relating to the business of selling or renting
real property;
(2) any person because such person is or has been, or in order to
intimidate such person or any other person or any class of persons from:
(A) Participating, without discrimination on account of race, religion,
color, sex, disability, familial status, national origin or , ancestry, sexual
orientation, gender identity or expression or status as a veteran , in any of
the activities, services, organizations or facilities described in subsection
(a)(1); or
(B) affording another person or class of persons opportunity or
protection so to participate; or
(3) any citizen because such citizen is or has been, or in order to
discourage such citizen or any other citizen from lawfully aiding or
encouraging other persons to participate, without discrimination on
account of race, religion, color, sex, disability, familial status, national
origin or , ancestry , sexual orientation, gender identity or expression or
status as a veteran , in any of the activities, services, organizations or
facilities described in subsection (a)(1), or participating lawfully in speech
or peaceful assembly opposing any denial of the opportunity to so
participate.
(b) Violation of this section is punishable by a fine of not more than
$1,000 or imprisonment for not more than one year, or both such fine and
imprisonment, except that:
(1) If bodily injury results, such violation shall be punishable by a
fine of not more than $10,000 or imprisonment for not more than 10 years,
or both such fine and imprisonment; and
(2) if death results, such violation shall be punishable by
imprisonment for any term of years or for life.
Sec. 12. K.S.A. 44-1030 is hereby amended to read as follows: 44-
1030. (a) Except as provided by subsection (c), every contract for or on
behalf of the state or any county or municipality or other political
subdivision of the state, or any agency of or authority created by any of the
foregoing, for the construction, alteration or repair of any public building
or public work or for the acquisition of materials, equipment, supplies or
services shall contain provisions by which the contractor agrees that:
(1) The contractor shall observe the provisions of the Kansas act
against discrimination and shall not discriminate against any person in the
performance of work under the present contract because of race, religion,
color, sex, disability, national origin or , ancestry , sexual orientation,
gender identity or expression or status as a veteran;
(2) in all solicitations or advertisements for employees, the contractor
shall include the phrase, "equal opportunity employer," or a similar phrase
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HB 2407 20
to be approved by the commission;
(3) if the contractor fails to comply with the manner in which the
contractor reports to the commission in accordance with the provisions of
K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed
to have breached the present contract and it may be canceled, terminated
or suspended, in whole or in part, by the contracting agency;
(4) if the contractor is found guilty of a violation of the Kansas act
against discrimination under a decision or order of the commission which
that has become final, the contractor shall be deemed to have breached the
present contract and it may be canceled, terminated or suspended, in whole
or in part, by the contracting agency; and
(5) the contractor shall include the provisions of subsections (a)(1)
through (4) in every subcontract or purchase order so that such provisions
will be binding upon such subcontractor or vendor.
(b) The Kansas human rights commission shall not be prevented
hereby from requiring reports of contractors found to be not in compliance
with the Kansas act against discrimination.
(c) The provisions of this section shall not apply to a contract entered
into by a contractor:
(1) Who employs fewer than four employees during the term of such
contract; or
(2) whose contracts with the governmental entity letting such contract
cumulatively total $5,000 or less during the fiscal year of such
governmental entity.
Sec. 13. K.S.A. 12-16,107, 44-1001, 44-1002, 44-1004, 44-1005, 44-
1006, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027 and 44-1030 are
hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its
publication in the statute book.
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