Kansas 2025-2026 Regular Session

Kansas House Bill HB2407 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2407
3	3	By Committee on Federal and State Affairs
4	4	Requested by Representative Woodard
5	5	3-11
6	6	AN ACT concerning the Kansas act against discrimination; adding sexual
7	7	orientation, gender identity or expression and status as a veteran as
8	8	protected classes under the act; amending K.S.A. 12-16,107, 44-1001,
9	9	44-1002, 44-1004, 44-1005, 44-1006, 44-1009, 44-1015, 44-1016, 44-
10	10	1017, 44-1027 and 44-1030 and repealing the existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 12-16,107 is hereby amended to read as follows:
13	13	12-16,107. In case of the refusal of any person to comply with any
14	14	subpoena issued by a local human relations commission, or to testify to
15	15	any matter regarding which such person may be lawfully questioned, the
16	16	district court of any county may, upon application of the local human
17	17	relations commission, order such person to comply with such subpoena
18	18	and to testify to the extent such person could be so compelled pursuant to
19	19	the provisions of subsection (5) of K.S.A. 44-1004(e), and amendments
20	20	thereto, of the Kansas act against discrimination. Failure to obey the
21	21	court's order shall be punishable by the court as contempt.
22	22	Sec. 2. K.S.A. 44-1001 is hereby amended to read as follows: 44-
23	23	1001. (a) This act shall be known as the Kansas act against discrimination.
24	24	(b) It shall be deemed an exercise of the police power of the state for
25	25	the protection of the public welfare, safety, health and peace of the people
26	26	of this state. The practice or policy of discrimination against individuals in
27	27	employment relations, in relation to free and public accommodations, in
28	28	housing by reason of race, religion, color, sex, disability, national origin
29	29	or, ancestry, sexual orientation, gender identity or expression or status as
30	30	a veteran or in housing by reason of familial status is a matter of concern
31	31	to the state, since such discrimination threatens not only the rights and
32	32	privileges of the inhabitants of the state of Kansas but menaces the
33	33	institutions and foundations of a free democratic state. It is hereby
34	34	declared to be the policy of the state of Kansas to eliminate and prevent
35	35	discrimination in all employment relations, to eliminate and prevent
36	36	discrimination, segregation, or separation in all places of public
37	37	accommodations covered by this act, and to eliminate and prevent
38	38	discrimination, segregation or separation in housing.
39	39	(c) It is also declared to be the policy of this state to assure equal
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35 HB 2407 2
75	75	opportunities and encouragement to every citizen regardless of race,
76	76	religion, color, sex, disability, national origin or, ancestry, sexual
77	77	orientation, gender identity or expression or status as a veteran in
78	78	securing and holding, without discrimination, employment in any field of
79	79	work or labor for which a person is properly qualified, to assure equal
80	80	opportunities to all persons within this state to full and equal public
81	81	accommodations, and to assure equal opportunities in housing without
82	82	distinction on account of race, religion, color, sex, disability, familial
83	83	status, national origin or, ancestry, sexual orientation, gender identity or
84	84	expression or status as a veteran. It is further declared that the opportunity
85	85	to secure and to hold employment, the opportunity for full and equal
86	86	public accommodations as covered by this act and the opportunity for full
87	87	and equal housing are civil rights of every citizen.
88	88	(d) To protect these rights, it is hereby declared to be the purpose of
89	89	this act to establish and to provide a state commission having power to
90	90	eliminate and prevent segregation and discrimination, or separation in
91	91	employment, in all places of public accommodations covered by this act,
92	92	in housing because of race, religion, color, sex, disability, national origin
93	93	or, ancestry, sexual orientation, gender identity or expression or status as
94	94	a veteran and in housing because of familial status, either by employers,
95	95	labor organizations, employment agencies, realtors, financial institutions
96	96	or other persons as hereinafter provided.
97	97	Sec. 3. K.S.A. 44-1002 is hereby amended to read as follows: 44-
98	98	1002. When used in this act the Kansas act against discrimination:
99	99	(a) "Person" includes one or more individuals, partnerships,
100	100	associations, organizations, corporations, legal representatives, trustees,
101	101	trustees in bankruptcy or receivers.
102	102	(b) (1) "Employer" includes any person in this state employing four
103	103	or more persons and any person acting directly or indirectly for an
104	104	employer, labor organizations, nonsectarian corporations, organizations
105	105	engaged in social service work and the state of Kansas and all political and
106	106	municipal subdivisions thereof, but shall.
107	107	(2) "Employer" does not include a nonprofit fraternal or social
108	108	association or corporation.
109	109	(c) "Employee" does not include any individual employed by such
110	110	individual's parents, spouse or child or in the domestic service of any
111	111	person.
112	112	(d) "Labor organization" includes any organization which that exists
113	113	for the purpose, in whole or in part, of collective bargaining, of dealing
114	114	with employers concerning grievances, terms or conditions of employment
115	115	or of other mutual aid or protection in relation to employment.
116	116	(e) "Employment agency" includes any person or governmental
117	117	agency undertaking, with or without compensation, to procure
118	118	1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142	25
143	143	26
144	144	27
145	145	28
146	146	29
147	147	30
148	148	31
149	149	32
150	150	33
151	151	34
152	152	35
153	153	36
154	154	37
155	155	38
156	156	39
157	157	40
158	158	41
159	159	42
160	160	43 HB 2407 3
161	161	opportunities to work or to procure, recruit, refer or place employees.
162	162	(f) "Commission" means the Kansas human rights commission
163	163	created by this act K.S.A. 44-1003, and amendments thereto.
164	164	(g) "Unlawful employment practice" includes only those unlawful
165	165	practices and acts specified in K.S.A. 44-1009, and amendments thereto,
166	166	and includes segregate or separate.
167	167	(h) (1) "Public accommodations" means any person who caters or
168	168	offers goods, services, facilities and accommodations to the public.
169	169	(2) "Public accommodations" include, but are not limited to, any
170	170	lodging establishment or food service establishment, as defined by K.S.A.
171	171	36-501, and amendments thereto; any, bar, tavern, barbershop, beauty
172	172	parlor, theater, skating rink, bowling alley, billiard parlor, amusement park,
173	173	recreation park, swimming pool, lake, gymnasium, mortuary or cemetery
174	174	which that is open to the public; or any public transportation facility.
175	175	(3) "Public accommodations" dodoes not include a religious or
176	176	nonprofit fraternal or social association or corporation.
177	177	(i) "Unlawful discriminatory practice" means:
178	178	(1) Any discrimination against persons, by reason of their race,
179	179	religion, color, sex, disability, national origin or ancestry:
180	180	(A) In any place of public accommodations; or
181	181	(B) in the full and equal use and enjoyment of the services, facilities,
182	182	privileges and advantages of any institution, department or agency of the
183	183	state of Kansas or any political subdivision or municipality thereof; and
184	184	(2) any discrimination against persons in regard to membership in a
185	185	nonprofit recreational or social association or corporation by reason of
186	186	race, religion, sex, color, sex, disability, national origin or ancestry if such
187	187	association or corporation has 100 or more members and:
188	188	(A) Provides regular meal service; and
189	189	(B) receives payment for dues, fees, use of space, use of facility,
190	190	services, meals or beverages, directly or indirectly, from or on behalf of
191	191	nonmembers.
192	192	This term"Unlawful discriminatory practice" shall not apply to a
193	193	religious or private fraternal and benevolent association or corporation.
194	194	(j) (1) "Disability" means, with respect to an individual:
195	195	(1)(A) A physical or mental impairment that substantially limits one
196	196	or more of the major life activities of such individual;
197	197	(2)(B) a record of such an impairment; or
198	198	(3)(C) being regarded as having such an impairment.
199	199	(2) "Disability" does not include current, illegal use of a controlled
200	200	substance as defined in section 102 of the federal controlled substance
201	201	substances act (, 21 U.S.C. § 802), in housing discrimination. In
202	202	employment and public accommodation discrimination, "disability" does
203	203	not include an individual who is currently engaging in the illegal use of
204	204	1
205	205	2
206	206	3
207	207	4
208	208	5
209	209	6
210	210	7
211	211	8
212	212	9
213	213	10
214	214	11
215	215	12
216	216	13
217	217	14
218	218	15
219	219	16
220	220	17
221	221	18
222	222	19
223	223	20
224	224	21
225	225	22
226	226	23
227	227	24
228	228	25
229	229	26
230	230	27
231	231	28
232	232	29
233	233	30
234	234	31
235	235	32
236	236	33
237	237	34
238	238	35
239	239	36
240	240	37
241	241	38
242	242	39
243	243	40
244	244	41
245	245	42
246	246	43 HB 2407 4
247	247	drugs where possession or distribution of such drugs is unlawful under the
248	248	controlled substance substances act (, 21 U.S.C. § 812), when the covered
249	249	entity acts on the basis of such use.
250	250	(k) (1) "Reasonable accommodation" means:
251	251	(A) Making existing facilities used by employees readily accessible
252	252	to and usable by individuals with disabilities; and
253	253	(B) job restructuring;, part-time or modified work schedules;,
254	254	reassignment to a vacant position;, acquisition or modification of
255	255	equipment or devices;, appropriate adjustment or modifications of
256	256	examinations, training materials or policies;, provision of qualified readers
257	257	or interpreters; and other similar accommodations for individuals with
258	258	disabilities.
259	259	(2) A reasonable accommodation or a reasonable modification to
260	260	policies, practices or procedures need not be provided to an individual who
261	261	meets the definition of disability in K.S.A. 44-1002(j)(3), and amendments
262	262	thereto subsection (j)(1)(C).
263	263	(l) "Regarded as having such an impairment" means the absence of a
264	264	physical or mental impairment but regarding or treating an individual as
265	265	though such an impairment exists. An individual meets the requirement of
266	266	"being regarded as having such an impairment" if the individual
267	267	establishes that such individual has been subjected to an action prohibited
268	268	under this act because of an actual or perceived physical or mental
269	269	impairment whether or not the impairment limits or is perceived to limit a
270	270	major life activity. Subsection (j)(3) (j)(1)(C) shall not apply to
271	271	impairments that are transitory or minor. A transitory impairment is an
272	272	impairment with an actual or expected duration of six months or less.
273	273	(m)(1) "Major life activities" means:
274	274	(1) Major life activities include includes, but are is not limited to,
275	275	caring for oneself, performing manual tasks, seeing, hearing, eating,
276	276	sleeping, walking, standing, lifting, bending, speaking, breathing, learning,
277	277	reading, concentrating, thinking, communicating, and working.
278	278	(2) It"Major life activities" also includes the operation of a major
279	279	bodily function, including, but not limited to, functions of the immune
280	280	system, normal cell growth, digestive, bowel, bladder, neurological, brain,
281	281	respiratory, circulatory, endocrine and reproductive functions.
282	282	(n) "Genetic screening or testing" means a laboratory test of a
283	283	person's genes or chromosomes for abnormalities, defects or deficiencies,
284	284	including carrier status, that are linked to physical or mental disorders or
285	285	impairments, or that indicate a susceptibility to illness, disease or other
286	286	disorders, whether physical or mental, which test is a direct test for
287	287	abnormalities, defects or deficiencies, and not an indirect manifestation of
288	288	genetic disorders.
289	289	(o) "Sexual orientation" means actual, or perceived, male or female
290	290	1
291	291	2
292	292	3
293	293	4
294	294	5
295	295	6
296	296	7
297	297	8
298	298	9
299	299	10
300	300	11
301	301	12
302	302	13
303	303	14
304	304	15
305	305	16
306	306	17
307	307	18
308	308	19
309	309	20
310	310	21
311	311	22
312	312	23
313	313	24
314	314	25
315	315	26
316	316	27
317	317	28
318	318	29
319	319	30
320	320	31
321	321	32
322	322	33
323	323	34
324	324	35
325	325	36
326	326	37
327	327	38
328	328	39
329	329	40
330	330	41
331	331	42
332	332	43 HB 2407 5
333	333	heterosexuality, homosexuality or bisexuality by inclination, practice or
334	334	expression.
335	335	(p) "Gender identity or expression" means the gender-related
336	336	identity, appearance, mannerisms or other gender-related characteristics
337	337	of an individual, without regard to such individual's designated sex at
338	338	birth.
339	339	(q) "Veteran" means a person who served in the active military,
340	340	naval, air or space service and who was discharged or released therefrom
341	341	under conditions other than dishonorable.
342	342	Sec. 4. K.S.A. 44-1004 is hereby amended to read as follows: 44-
343	343	1004. The commission shall have the following functions, powers and
344	344	duties:
345	345	(1)(a) To establish and maintain its principal office in the city of
346	346	Topeka, and such other offices elsewhere within the state as it may deem
347	347	necessary.
348	348	(2)(b) To meet and function at any place within the state.
349	349	(3)(c) To adopt, promulgate, amend and rescind suitable rules and
350	350	regulations to carry out the provisions of this act, and the policies and
351	351	practices of the commission in connection therewith conducted in
352	352	accordance with this act.
353	353	(4)(d) To receive, initiate, investigate and pass upon complaints
354	354	alleging discrimination in employment, public accommodations and
355	355	housing because of race, religion, color, sex, disability, national origin or,
356	356	ancestry, sexual orientation, gender identity or expression or status as a
357	357	veteran and complaints alleging discrimination in housing because of
358	358	familial status.
359	359	(5)(e) To subpoena witnesses, compel their appearance and require
360	360	the production for examination of records, documents and other evidence
361	361	or possible sources of evidence and to examine, record and copy such
362	362	materials and take and record the testimony or statements of such persons.
363	363	The commission may issue subpoenas to compel access to or the
364	364	production of such materials, or the appearance of such persons, and may
365	365	issue interrogatories to a respondent to the same extent and subject to the
366	366	same limitations as would apply if the subpoena or interrogatories were
367	367	issued or served in aid of a civil action in the district court. The
368	368	commission shall have access at all reasonable times to premises and may
369	369	compel such access by application to a court of competent jurisdiction
370	370	provided that the commission first complies with the provisions of article
371	371	section 15 of the Kansas bill of rights and the fourth amendment to the
372	372	United States constitution relating to unreasonable searches and seizures.
373	373	The commission may administer oaths and take depositions to the same
374	374	extent and subject to the same limitations as would apply if the deposition
375	375	was taken in aid of a civil action in the district court. In case of the refusal
376	376	1
377	377	2
378	378	3
379	379	4
380	380	5
381	381	6
382	382	7
383	383	8
384	384	9
385	385	10
386	386	11
387	387	12
388	388	13
389	389	14
390	390	15
391	391	16
392	392	17
393	393	18
394	394	19
395	395	20
396	396	21
397	397	22
398	398	23
399	399	24
400	400	25
401	401	26
402	402	27
403	403	28
404	404	29
405	405	30
406	406	31
407	407	32
408	408	33
409	409	34
410	410	35
411	411	36
412	412	37
413	413	38
414	414	39
415	415	40
416	416	41
417	417	42
418	418	43 HB 2407 6
419	419	of any person to comply with any subpoena, interrogatory or search
420	420	warrant issued hereunder, or to testify to any matter regarding which such
421	421	person may be lawfully questioned, the district court of any county may,
422	422	upon application of the commission, order such person to comply with
423	423	such subpoena or interrogatory and to testify. Failure to obey the court's
424	424	order may be punished by the court as contempt. No person shall be
425	425	prosecuted or subjected to any penalty or forfeiture for or on account of
426	426	any transaction, matter or thing concerning which such person testifies or
427	427	produces evidence, except that such person so testifying shall not be
428	428	exempt from prosecution and punishment for perjury committed in so
429	429	testifying. The immunity herein provided shall extend only to natural
430	430	persons.
431	431	(6)(f) To act in concert with other parties in interest in order to
432	432	eliminate and prevent discrimination and segregation, prohibited by this
433	433	act, by including any term in a conciliation agreement as could be included
434	434	in a final order under this act.
435	435	(7)(g) To apply to the district court of the county where the
436	436	respondent resides or transacts business for enforcement of any
437	437	conciliation agreement by seeking specific performance of such
438	438	agreement.
439	439	(8)(h) To issue such final orders after a public hearing as may remedy
440	440	any existing situation found to violate this act and prevent its recurrence.
441	441	(9)(i) To endeavor to eliminate prejudice among the various ethnic
442	442	groups and people with disabilities in this state and to further good will
443	443	among such groups. The commission in cooperation with the state
444	444	department of education shall prepare a comprehensive educational
445	445	program designed for the students of the public schools of this state and
446	446	for all other residents thereof, calculated to emphasize the origin of
447	447	prejudice against such groups, its harmful effects and its incompatibility
448	448	with American principles of equality and fair play.
449	449	(10)(j) To create such advisory agencies and conciliation councils,
450	450	local, regional or statewide, as in its judgment will aid in effectuating the
451	451	purposes of this act; to study the problem of discrimination in all or
452	452	specific fields or instances of discrimination because of race, religion,
453	453	color, sex, disability, national origin or, ancestry, sexual orientation,
454	454	gender identity or expression or status as a veteran; to foster, through
455	455	community effort or otherwise, good will, cooperation and conciliation
456	456	among the groups and elements of the population of this state; and to make
457	457	recommendations to the commission for the development of policies and
458	458	procedures, and for programs of formal and informal education, which
459	459	that the commission may recommend to the appropriate state agency. Such
460	460	advisory agencies and conciliation councils shall be composed of
461	461	representative citizens serving without pay. The commission may itself
462	462	1
463	463	2
464	464	3
465	465	4
466	466	5
467	467	6
468	468	7
469	469	8
470	470	9
471	471	10
472	472	11
473	473	12
474	474	13
475	475	14
476	476	15
477	477	16
478	478	17
479	479	18
480	480	19
481	481	20
482	482	21
483	483	22
484	484	23
485	485	24
486	486	25
487	487	26
488	488	27
489	489	28
490	490	29
491	491	30
492	492	31
493	493	32
494	494	33
495	495	34
496	496	35
497	497	36
498	498	37
499	499	38
500	500	39
501	501	40
502	502	41
503	503	42
504	504	43 HB 2407 7
505	505	make the studies and perform the acts authorized by this paragraph. It The
506	506	commission may, by voluntary conferences with parties in interest,
507	507	endeavor by conciliation and persuasion to eliminate discrimination in all
508	508	the stated fields and to foster good will and cooperation among all
509	509	elements of the population of the state.
510	510	(11)(k) To accept contributions from any person to assist in the
511	511	effectuation of this section and to seek and enlist the cooperation of
512	512	private, charitable, religious, labor, civic and benevolent organizations for
513	513	the purposes of this section.
514	514	(12)(l) To issue such publications and such results of investigation
515	515	and research as in its judgment will tend to promote good will and
516	516	minimize or eliminate discrimination because of race, religion, color, sex,
517	517	disability, national origin or, ancestry, sexual orientation, gender identity
518	518	or expression or status as a veteran.
519	519	(13)(m) To render each year to the governor and to the state
520	520	legislature a full written report of all of its activities and of its the
521	521	commission's recommendations.
522	522	(14)(n) To adopt an official seal.
523	523	(15)(o) To receive and accept federal funds to effectuate the purposes
524	524	of the act and to enter into agreements with any federal agency for such
525	525	purpose.
526	526	Sec. 5. K.S.A. 44-1005 is hereby amended to read as follows: 44-
527	527	1005. (a) Any person claiming to be aggrieved by an alleged unlawful
528	528	employment practice or by an alleged unlawful discriminatory practice,
529	529	and who can articulate a prima facie case pursuant to a recognized legal
530	530	theory of discrimination, may, personally or by an attorney-at-law, make,
531	531	sign and file with the commission a verified complaint in writing,
532	532	articulating the prima facie case, which shall also state the name and
533	533	address of the person, employer, labor organization or employment agency
534	534	alleged to have committed the unlawful employment practice complained
535	535	of or the name and address of the person alleged to have committed the
536	536	unlawful discriminatory practice complained of, and which shall set forth
537	537	the particulars thereof and contain such other information as may be
538	538	required by the commission.
539	539	(b) The commission upon its own initiative or the attorney general
540	540	may, in like manner, make, sign and file such complaint. Whenever the
541	541	attorney general has sufficient reason to believe that any person as herein
542	542	defined is engaged in a practice of discrimination, segregation or
543	543	separation in violation of this act, the attorney general may make, sign and
544	544	file a complaint. Any employer whose employees or some of whom, refuse
545	545	or threaten to refuse to cooperate with the provisions of this act, may file
546	546	with the commission a verified complaint asking for assistance by
547	547	conciliation or other remedial action.
548	548	1
549	549	2
550	550	3
551	551	4
552	552	5
553	553	6
554	554	7
555	555	8
556	556	9
557	557	10
558	558	11
559	559	12
560	560	13
561	561	14
562	562	15
563	563	16
564	564	17
565	565	18
566	566	19
567	567	20
568	568	21
569	569	22
570	570	23
571	571	24
572	572	25
573	573	26
574	574	27
575	575	28
576	576	29
577	577	30
578	578	31
579	579	32
580	580	33
581	581	34
582	582	35
583	583	36
584	584	37
585	585	38
586	586	39
587	587	40
588	588	41
589	589	42
590	590	43 HB 2407 8
591	591	(c) Whenever any problem of discrimination because of race,
592	592	religion, color, sex, disability, national origin or, ancestry, sexual
593	593	orientation, gender identity or expression or status as a veteran arises, or
594	594	whenever the commission has, in its own the judgment of the commission,
595	595	reason to believe that any person has engaged in an unlawful employment
596	596	practice or an unlawful discriminatory practice in violation of this act, or
597	597	has engaged in a pattern or practice of discrimination, the commission may
598	598	conduct an investigation without filing a complaint and shall have the
599	599	same powers during such investigation as provided for the investigation of
600	600	complaints. The person to be investigated shall be advised of the nature
601	601	and scope of such investigation prior to its commencement. The purpose of
602	602	the investigation shall be to resolve any such problems promptly. In the
603	603	event such problems cannot be resolved within a reasonable time, the
604	604	commission may issue a complaint whenever the investigation has
605	605	revealed a violation of the Kansas act against discrimination has occurred.
606	606	The information gathered in the course of the first investigation may be
607	607	used in processing the complaint.
608	608	(d) After the filing of any complaint by an aggrieved individual, by
609	609	the commission, or by the attorney general, the commission shall, within
610	610	seven days after the filing of the complaint, serve a copy on each of the
611	611	parties alleged to have violated this act, and shall designate one of the
612	612	commissioners to make, with the assistance of the commission's staff,
613	613	prompt investigation of the alleged act of discrimination. If the
614	614	commissioner shall determine after such investigation that no probable
615	615	cause exists for crediting the allegations of the complaint, such
616	616	commissioner, within 10 business days from such determination, shall
617	617	cause to be issued and served upon the complainant and respondent written
618	618	notice of such determination.
619	619	(e) If such commissioner after such investigation, shall determine that
620	620	probable cause exists for crediting the allegations for the complaint, the
621	621	commissioner or such other commissioner as the commission may
622	622	designate, shall immediately endeavor to eliminate the unlawful
623	623	employment practice or the unlawful discriminatory practice complained
624	624	of by conference and conciliation. The complainant, respondent and
625	625	commission shall have 45 days from the date respondent is notified in
626	626	writing of a finding of probable cause to enter into a conciliation
627	627	agreement signed by all parties in interest. The parties may amend a
628	628	conciliation agreement at any time prior to the date of entering into such
629	629	agreement. Upon agreement by the parties the time for entering into such
630	630	agreement may be extended. The members of the commission and its staff
631	631	shall not disclose what has transpired in the course of such endeavors.
632	632	(f) In case of failure to eliminate such practices by conference and
633	633	conciliation, or in advance thereof, if in the judgment of the commissioner
634	634	1
635	635	2
636	636	3
637	637	4
638	638	5
639	639	6
640	640	7
641	641	8
642	642	9
643	643	10
644	644	11
645	645	12
646	646	13
647	647	14
648	648	15
649	649	16
650	650	17
651	651	18
652	652	19
653	653	20
654	654	21
655	655	22
656	656	23
657	657	24
658	658	25
659	659	26
660	660	27
661	661	28
662	662	29
663	663	30
664	664	31
665	665	32
666	666	33
667	667	34
668	668	35
669	669	36
670	670	37
671	671	38
672	672	39
673	673	40
674	674	41
675	675	42
676	676	43 HB 2407 9
677	677	or the commission circumstances so warrant, the commissioner or the
678	678	commission shall commence a hearing in accordance with the provisions
679	679	of the Kansas administrative procedure act naming as parties the
680	680	complainant and the person, employer, labor organization, employment
681	681	agency, realtor or financial institution named in such complaint,
682	682	hereinafter referred to as respondent. A copy of the complaint shall be
683	683	served on the respondent. At least four commissioners or a presiding
684	684	officer from the office of administrative hearings shall be designated as the
685	685	presiding officer. The place of such hearing shall be in the county where
686	686	respondent is doing business and the acts complained of occurred.
687	687	(g) The complainant or respondent may apply to the presiding officer
688	688	for the issuance of a subpoena for the attendance of any person or the
689	689	production or examination of any books, records or documents pertinent to
690	690	the proceeding at the hearing. Upon such application the presiding officer
691	691	shall issue such subpoena.
692	692	(h) The case in support of the complaint shall be presented before the
693	693	presiding officer by one of the commission's attorneys or agents, or by
694	694	private counsel, if any, of the complainant, and the commissioner who
695	695	shall have previously made the investigation shall not participate in the
696	696	hearing except as a witness. Any endeavors at conciliation shall not be
697	697	received in evidence.
698	698	(i) Any complaint filed pursuant to this act must be so filed within six
699	699	months after the alleged act of discrimination, unless the act complained of
700	700	constitutes a continuing pattern or practice of discrimination in which
701	701	event it will be from the last act of discrimination. Complaints filed with
702	702	the commission may be dismissed by the commission on its own initiative,
703	703	and shall be dismissed by the commission upon the written request of the
704	704	complainant, if the commission has not issued a finding of probable cause
705	705	or no probable cause or taken other administrative action dismissing the
706	706	complaint within 300 days of the filing of the complaint. The commission
707	707	shall mail written notice to all parties of dismissal of a complaint within
708	708	five days of dismissal. Any such dismissal of a complaint in accordance
709	709	with this section shall constitute final action by the commission which
710	710	shall be deemed to exhaust all administrative remedies under the Kansas
711	711	act against discrimination for the purpose of allowing subsequent filing of
712	712	the matter in court by the complainant, without the requirement of filing a
713	713	petition for reconsideration pursuant to K.S.A. 44-1010, and amendments
714	714	thereto. Dismissal of a complaint in accordance with this section shall not
715	715	be subject to appeal or judicial review by any court under the provisions of
716	716	K.S.A. 44-1011, and amendments thereto. The provisions of this section
717	717	shall not apply to complaints alleging discriminatory housing practices
718	718	filed with the commission pursuant to K.S.A. 44-1015 et seq., and
719	719	amendments thereto.
720	720	1
721	721	2
722	722	3
723	723	4
724	724	5
725	725	6
726	726	7
727	727	8
728	728	9
729	729	10
730	730	11
731	731	12
732	732	13
733	733	14
734	734	15
735	735	16
736	736	17
737	737	18
738	738	19
739	739	20
740	740	21
741	741	22
742	742	23
743	743	24
744	744	25
745	745	26
746	746	27
747	747	28
748	748	29
749	749	30
750	750	31
751	751	32
752	752	33
753	753	34
754	754	35
755	755	36
756	756	37
757	757	38
758	758	39
759	759	40
760	760	41
761	761	42
762	762	43 HB 2407 10
763	763	(j) The respondent may file a written verified answer to the complaint
764	764	and appear at such hearing in person or otherwise, with or without counsel,
765	765	and submit testimony. The complainant shall appear at such hearing in
766	766	person, with or without counsel, and submit testimony. The presiding
767	767	officer or the complainant shall have the power reasonably and fairly to
768	768	amend any complaint, and the respondent shall have like power to amend
769	769	such respondent's answer. The presiding officer shall be bound by the rules
770	770	of evidence prevailing in courts of law or equity, and only relevant
771	771	evidence of reasonable probative value shall be received.
772	772	(k) If the presiding officer finds a respondent has engaged in or is
773	773	engaging in any unlawful employment practice or unlawful discriminatory
774	774	practice as defined in this act, the presiding officer shall render an order
775	775	requiring such respondent to cease and desist from such unlawful
776	776	employment practice or such unlawful discriminatory practice and to take
777	777	such affirmative action, including, but not limited to:
778	778	(1) The hiring, reinstatement, or upgrading of employees, with or
779	779	without back pay, and the admission or restoration to membership in any
780	780	respondent labor organizations;
781	781	(2) the admission to and full and equal enjoyment of the goods,
782	782	services, facilities, and accommodations offered by any respondent place
783	783	of public accommodation denied in violation of this act, as, in the
784	784	judgment of the presiding officer, will effectuate the purposes of this act,
785	785	and including; and
786	786	(3) a requirement for report of the manner of compliance. Such order
787	787	may also include an award of damages for pain, suffering and humiliation
788	788	which are incidental to the act of discrimination, except that an award for
789	789	such pain, suffering and humiliation shall in no event exceed the sum of
790	790	$2,000.
791	791	(l) Any state, county or municipal agency may pay a complainant
792	792	back pay if it has entered into a conciliation agreement for such purposes
793	793	with the commission, and may pay such back pay if it is ordered to do so
794	794	by the commission.
795	795	(m) If the presiding officer finds that a respondent has not engaged in
796	796	any such unlawful employment practice, or any such unlawful
797	797	discriminatory practice, the presiding officer shall render an order
798	798	dismissing the complaint as to such respondent.
799	799	(n) The commission shall review an initial order rendered under
800	800	subsection (k) or (m). In addition to the parties, a copy of any final order
801	801	shall be served on the attorney general and such other public officers as the
802	802	commission may deem proper.
803	803	(o) The commission shall, except as otherwise provided, establish
804	804	rules of practice to govern, expedite and effectuate the foregoing
805	805	procedure and its own actions thereunder. The rules of practice shall be
806	806	1
807	807	2
808	808	3
809	809	4
810	810	5
811	811	6
812	812	7
813	813	8
814	814	9
815	815	10
816	816	11
817	817	12
818	818	13
819	819	14
820	820	15
821	821	16
822	822	17
823	823	18
824	824	19
825	825	20
826	826	21
827	827	22
828	828	23
829	829	24
830	830	25
831	831	26
832	832	27
833	833	28
834	834	29
835	835	30
836	836	31
837	837	32
838	838	33
839	839	34
840	840	35
841	841	36
842	842	37
843	843	38
844	844	39
845	845	40
846	846	41
847	847	42
848	848	43 HB 2407 11
849	849	available, upon written request, within 30 days after the date of adoption.
850	850	Sec. 6. K.S.A. 44-1006 is hereby amended to read as follows: 44-
851	851	1006. (a) The provisions of this act shall be construed liberally for the
852	852	accomplishment of the purposes thereof. Nothing contained in this act
853	853	shall be deemed to repeal any of the provisions of any other law of this
854	854	state relating to discrimination because of race, religion, color, sex,
855	855	disability, national origin or, ancestry sexual orientation, gender identity
856	856	or expression or status as a veteran, unless the same is specifically
857	857	repealed by this act.
858	858	(b) Nothing in this act shall be construed to mean that an employer
859	859	shall be forced to hire unqualified or incompetent personnel, or discharge
860	860	qualified or competent personnel.
861	861	(c) The definition of "disability" in K.S.A. 44-1002(j), and
862	862	amendments thereto, shall be construed in accordance with the following:
863	863	(1) The definition of disability in this act shall be construed in favor
864	864	of broad coverage of individuals under this act, to the maximum extent
865	865	permitted by the terms of this act;
866	866	(2) an impairment that substantially limits one major life activity need
867	867	not limit other major life activities in order to be considered a disability;
868	868	(3) an impairment that is episodic or in remission is a disability if it
869	869	would substantially limit a major life activity when active; and
870	870	(4) (A) The determination of whether an impairment substantially
871	871	limits a major life activity shall be made without regard to the ameliorative
872	872	effects of mitigating measures such as the following:
873	873	(i) Medication, medical supplies, equipment, or appliances, low-
874	874	vision devices (which do not include not including ordinary eye glasses or
875	875	contact lenses), prosthetics including limbs and devices, hearing aids and,
876	876	cochlear implants or other implantable hearing devices, mobility devices,
877	877	or oxygen therapy equipment and supplies;
878	878	(ii) use of assistive technology;
879	879	(iii) reasonable accommodations or auxiliary aides or services; or
880	880	(iv) learned behavioral or adaptive neurological modifications.
881	881	(B) The ameliorative effects of the mitigating measures of ordinary
882	882	eyeglasses or contact lenses shall be considered in determining whether an
883	883	impairment substantially limits a major life activity.
884	884	(C) As used in this subparagraph:
885	885	(i) "Ordinary eyeglasses or contact lenses" means lenses that are
886	886	intended to fully correct visual acuity or eliminate refractive error; and
887	887	(ii) "low-vision devices" means devices that magnify, enhance, or
888	888	otherwise augment a visual image.
889	889	Sec. 7. K.S.A. 44-1009 is hereby amended to read as follows: 44-
890	890	1009. (a) It shall be an unlawful employment practice:
891	891	(1) For an employer, because of the race, religion, color, sex,
892	892	1
893	893	2
894	894	3
895	895	4
896	896	5
897	897	6
898	898	7
899	899	8
900	900	9
901	901	10
902	902	11
903	903	12
904	904	13
905	905	14
906	906	15
907	907	16
908	908	17
909	909	18
910	910	19
911	911	20
912	912	21
913	913	22
914	914	23
915	915	24
916	916	25
917	917	26
918	918	27
919	919	28
920	920	29
921	921	30
922	922	31
923	923	32
924	924	33
925	925	34
926	926	35
927	927	36
928	928	37
929	929	38
930	930	39
931	931	40
932	932	41
933	933	42
934	934	43 HB 2407 12
935	935	disability, national origin or, ancestry, sexual orientation, gender identity
936	936	or expression or status as a veteran of any person to:
937	937	(A) Refuse to hire or employ such person to;
938	938	(B) bar or discharge such person from employment or to otherwise
939	939	discriminate against such person in compensation or in terms, conditions
940	940	or privileges of employment; to
941	941	(C) limit, segregate, separate, classify or make any distinction in
942	942	regards to employees; or to
943	943	(D) follow any employment procedure or practice which, in fact, that
944	944	results in discrimination, segregation or separation without a valid
945	945	business necessity.
946	946	(2) For a labor organization, because of the race, religion, color, sex,
947	947	disability, national origin or, ancestry, sexual orientation, gender identity
948	948	or expression or status as a veteran of any person, to exclude or to expel
949	949	from its membership such person or to discriminate in any way against any
950	950	of its members or against any employer or any person employed by an
951	951	employer.
952	952	(3) For any employer, employment agency or labor organization to
953	953	print or circulate or cause to be printed or circulated any statement,
954	954	advertisement or publication, or to use any form of application for
955	955	employment or membership or to make any inquiry in connection with
956	956	prospective employment or membership, which that expresses, directly or
957	957	indirectly, any limitation, specification or discrimination as to race,
958	958	religion, color, sex, disability, national origin or, ancestry, sexual
959	959	orientation, gender identity or expression or status as a veteran, or any
960	960	intent to make any such limitation, specification or discrimination, unless
961	961	based on a bona fide occupational qualification.
962	962	(4) For any employer, employment agency or labor organization to
963	963	discharge, expel or otherwise discriminate against any person because such
964	964	person has opposed any practices or acts forbidden under this act or
965	965	because such person has filed a complaint, testified or assisted in any
966	966	proceeding under this act.
967	967	(5) For an employment agency to:
968	968	(A) Refuse to list and properly classify for employment or to refuse to
969	969	refer any person for employment or otherwise discriminate against any
970	970	person because of such person's race, religion, color, sex, disability,
971	971	national origin or, ancestry, sexual orientation, gender identity or
972	972	expression or status as a veteran; or to
973	973	(B) comply with a request from an employer for a referral of
974	974	applicants for employment if the request expresses, either directly or
975	975	indirectly, any limitation, specification or discrimination as to race,
976	976	religion, color, sex, disability, national origin or, ancestry, sexual
977	977	orientation, gender identity or expression or status as a veteran.
978	978	1
979	979	2
980	980	3
981	981	4
982	982	5
983	983	6
984	984	7
985	985	8
986	986	9
987	987	10
988	988	11
989	989	12
990	990	13
991	991	14
992	992	15
993	993	16
994	994	17
995	995	18
996	996	19
997	997	20
998	998	21
999	999	22
1000	1000	23
1001	1001	24
1002	1002	25
1003	1003	26
1004	1004	27
1005	1005	28
1006	1006	29
1007	1007	30
1008	1008	31
1009	1009	32
1010	1010	33
1011	1011	34
1012	1012	35
1013	1013	36
1014	1014	37
1015	1015	38
1016	1016	39
1017	1017	40
1018	1018	41
1019	1019	42
1020	1020	43 HB 2407 13
1021	1021	(6) For an employer, labor organization, employment agency, or
1022	1022	school which that provides, coordinates or controls apprenticeship, on-the-
1023	1023	job, or other training or retraining program, to:
1024	1024	(A) Maintain a practice of discrimination, segregation or separation
1025	1025	because of race, religion, color, sex, disability, national origin or, ancestry,
1026	1026	sexual orientation, gender identity or expression or status as a veteran, in
1027	1027	admission, hiring, assignments, upgrading, transfers, promotion, layoff,
1028	1028	dismissal, apprenticeship or other training or retraining program, or in any
1029	1029	other terms, conditions or privileges of employment, membership,
1030	1030	apprenticeship or training; or to
1031	1031	(B) follow any policy or procedure which, in fact, that results in such
1032	1032	practices without a valid business motive.
1033	1033	(7) For any person, whether an employer or an employee or not, to
1034	1034	aid, abet, incite, compel or coerce the doing of any of the acts forbidden
1035	1035	under this act, or attempt to do so.
1036	1036	(8) For an employer, labor organization, employment agency or joint
1037	1037	labor-management committee to:
1038	1038	(A) Limit, segregate or classify a job applicant or employee in a way
1039	1039	that adversely affects the opportunities or status of such applicant or
1040	1040	employee because of the disability of such applicant or employee;
1041	1041	(B) participate in a contractual or other arrangement or relationship,
1042	1042	including a relationship with an employment or referral agency, labor
1043	1043	union, an organization providing fringe benefits to an employee or an
1044	1044	organization providing training and apprenticeship programs that has the
1045	1045	effect of subjecting a qualified applicant or employee with a disability to
1046	1046	the discrimination prohibited by this act;
1047	1047	(C) utilize standards criteria, or methods of administration that have
1048	1048	the effect of discrimination on the basis of disability or that perpetuate the
1049	1049	discrimination of others who are subject to common administrative
1050	1050	control;
1051	1051	(D) exclude or otherwise deny equal jobs or benefits to a qualified
1052	1052	individual because of the known disability of an individual with whom the
1053	1053	qualified individual is known to have a relationship or association;
1054	1054	(E) not make reasonable accommodations to the known physical or
1055	1055	mental limitations of an otherwise qualified individual with a disability
1056	1056	who is an applicant or employee, unless such employer, labor organization,
1057	1057	employment agency or joint labor-management committee can
1058	1058	demonstrate that the accommodation would impose an undue hardship on
1059	1059	the operation of the business thereof;
1060	1060	(F) deny employment opportunities to a job applicant or employee
1061	1061	who is an otherwise qualified individual with a disability, if such denial is
1062	1062	based on the need to make reasonable accommodation to the physical or
1063	1063	mental impairments of the employee or applicant;
1064	1064	1
1065	1065	2
1066	1066	3
1067	1067	4
1068	1068	5
1069	1069	6
1070	1070	7
1071	1071	8
1072	1072	9
1073	1073	10
1074	1074	11
1075	1075	12
1076	1076	13
1077	1077	14
1078	1078	15
1079	1079	16
1080	1080	17
1081	1081	18
1082	1082	19
1083	1083	20
1084	1084	21
1085	1085	22
1086	1086	23
1087	1087	24
1088	1088	25
1089	1089	26
1090	1090	27
1091	1091	28
1092	1092	29
1093	1093	30
1094	1094	31
1095	1095	32
1096	1096	33
1097	1097	34
1098	1098	35
1099	1099	36
1100	1100	37
1101	1101	38
1102	1102	39
1103	1103	40
1104	1104	41
1105	1105	42
1106	1106	43 HB 2407 14
1107	1107	(G) use qualification standards, employment tests or other selection
1108	1108	criteria that screen out or tend to screen out an individual with a disability
1109	1109	or a class of individuals with disabilities unless the standard, test or other
1110	1110	selection criteria, as used, is shown to be job-related for the position in
1111	1111	question and is consistent with business necessity; or
1112	1112	(H) fail to select and administer tests concerning employment in the
1113	1113	most effective manner to ensure that, when such test is administered to a
1114	1114	job applicant or employee who has a disability that impairs sensory,
1115	1115	manual or speaking skills, the test results accurately reflect the skills,
1116	1116	aptitude or whatever other factor of such applicant or employee that such
1117	1117	test purports to measure, rather than reflecting the impaired sensory,
1118	1118	manual or speaking skills of such employee or applicant (, except where
1119	1119	such skills are the factors that the test purports to measure).
1120	1120	(9) For any employer to:
1121	1121	(A) Seek to obtain, to obtain or to use genetic screening or testing
1122	1122	information of an employee or a prospective employee to distinguish
1123	1123	between or discriminate against or restrict any right or benefit otherwise
1124	1124	due or available to an employee or a prospective employee; or
1125	1125	(B) subject, directly or indirectly, any employee or prospective
1126	1126	employee to any genetic screening or test.
1127	1127	(b) It shall not be an unlawful employment practice to fill vacancies
1128	1128	in such way as to eliminate or reduce imbalance with respect to race,
1129	1129	religion, color, sex, disability, national origin or, ancestry, sexual
1130	1130	orientation, gender identity or expression or status as a veteran.
1131	1131	(c) It shall be an unlawful discriminatory practice:
1132	1132	(1) For any person, as defined herein being the owner, operator,
1133	1133	lessee, manager, agent or employee of any place of public accommodation
1134	1134	to refuse, deny or make a distinction, directly or indirectly, in offering its
1135	1135	goods, services, facilities, and accommodations to any person as covered
1136	1136	by this act because of race, religion, color, sex, disability, national origin
1137	1137	or, ancestry, sexual orientation, gender identity or expression or status as
1138	1138	a veteran, except where a distinction because of sex is necessary because
1139	1139	of the intrinsic nature of such accommodation.
1140	1140	(2) For any person, whether or not specifically enjoined from
1141	1141	discriminating under any provisions of this act, to aid, abet, incite, compel
1142	1142	or coerce the doing of any of the acts forbidden under this act, or to
1143	1143	attempt to do so.
1144	1144	(3) For any person, to refuse, deny, make a distinction, directly or
1145	1145	indirectly, or discriminate in any way against persons because of the race,
1146	1146	religion, color, sex, disability, national origin or, ancestry, sexual
1147	1147	orientation, gender identity or expression or status as a veteran of such
1148	1148	persons in the full and equal use and enjoyment of the services, facilities,
1149	1149	privileges and advantages of any institution, department or agency of the
1150	1150	1
1151	1151	2
1152	1152	3
1153	1153	4
1154	1154	5
1155	1155	6
1156	1156	7
1157	1157	8
1158	1158	9
1159	1159	10
1160	1160	11
1161	1161	12
1162	1162	13
1163	1163	14
1164	1164	15
1165	1165	16
1166	1166	17
1167	1167	18
1168	1168	19
1169	1169	20
1170	1170	21
1171	1171	22
1172	1172	23
1173	1173	24
1174	1174	25
1175	1175	26
1176	1176	27
1177	1177	28
1178	1178	29
1179	1179	30
1180	1180	31
1181	1181	32
1182	1182	33
1183	1183	34
1184	1184	35
1185	1185	36
1186	1186	37
1187	1187	38
1188	1188	39
1189	1189	40
1190	1190	41
1191	1191	42
1192	1192	43 HB 2407 15
1193	1193	state of Kansas or any political subdivision or municipality thereof.
1194	1194	Sec. 8. K.S.A. 44-1015 is hereby amended to read as follows: 44-
1195	1195	1015. As used in this act, unless the context otherwise requires:
1196	1196	(a) "Commission" means the Kansas human rights commission.
1197	1197	(b) "Real property" means and includes:
1198	1198	(1) All vacant or unimproved land; and
1199	1199	(2) any building or structure which that is occupied or designed or
1200	1200	intended for occupancy, or any building or structure having a portion
1201	1201	thereof which that is occupied or designed or intended for occupancy.
1202	1202	(c) "Family" includes a single individual.
1203	1203	(d) "Person" means an individual, corporation, partnership,
1204	1204	association, labor organization, legal representative, mutual company,
1205	1205	joint-stock company, trust, unincorporated organization, trustee, trustee in
1206	1206	bankruptcy, receiver and fiduciary.
1207	1207	(e) "To rent" means to lease, to sublease, to let and otherwise to grant
1208	1208	for a consideration the right to occupy premises not owned by the
1209	1209	occupant.
1210	1210	(f) "Discriminatory housing practice" means any act that is unlawful
1211	1211	under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto.
1212	1212	(g) "Person aggrieved" means any person who claims to have been
1213	1213	injured by a discriminatory housing practice or believes that such person
1214	1214	will be injured by a discriminatory housing practice that is about to occur.
1215	1215	(h) "Disability" has the meaning provided by means the same as
1216	1216	defined in K.S.A. 44-1002 and amendments thereto.
1217	1217	(i) "Familial status" means having one or more individuals less than
1218	1218	18 years of age domiciled with:
1219	1219	(1) A parent or another person having legal custody of such
1220	1220	individual or individuals; or
1221	1221	(2) the designee of such parent or other person having such custody,
1222	1222	with the written permission of such parent or other person.
1223	1223	(j) "Sexual orientation" means actual, or perceived, male or female
1224	1224	heterosexuality, homosexuality or bisexuality by inclination, practice or
1225	1225	expression.
1226	1226	(k) "Gender identity or expression" means the gender-related identity,
1227	1227	appearance, mannerisms or other gender-related characteristics of an
1228	1228	individual, without regard to such individual's designated sex at birth.
1229	1229	(l) "Veteran" means a person who served in the active military, naval,
1230	1230	air or space service and who was discharged or released therefrom under
1231	1231	conditions other than dishonorable.
1232	1232	Sec. 9. K.S.A. 44-1016 is hereby amended to read as follows: 44-
1233	1233	1016. Subject to the provisions of K.S.A. 44-1018 and amendments
1234	1234	thereto, it shall be unlawful for any person:
1235	1235	(a) To refuse to sell or rent after the making of a bona fide offer, to
1236	1236	1
1237	1237	2
1238	1238	3
1239	1239	4
1240	1240	5
1241	1241	6
1242	1242	7
1243	1243	8
1244	1244	9
1245	1245	10
1246	1246	11
1247	1247	12
1248	1248	13
1249	1249	14
1250	1250	15
1251	1251	16
1252	1252	17
1253	1253	18
1254	1254	19
1255	1255	20
1256	1256	21
1257	1257	22
1258	1258	23
1259	1259	24
1260	1260	25
1261	1261	26
1262	1262	27
1263	1263	28
1264	1264	29
1265	1265	30
1266	1266	31
1267	1267	32
1268	1268	33
1269	1269	34
1270	1270	35
1271	1271	36
1272	1272	37
1273	1273	38
1274	1274	39
1275	1275	40
1276	1276	41
1277	1277	42
1278	1278	43 HB 2407 16
1279	1279	fail to transmit a bona fide offer or refuse to negotiate in good faith for the
1280	1280	sale or rental of, or otherwise make unavailable or deny, real property to
1281	1281	any person because of race, religion, color, sex, disability, familial status,
1282	1282	national origin or, ancestry, sexual orientation, gender identity or
1283	1283	expression or status as a veteran.
1284	1284	(b) To discriminate against any person in the terms, conditions or
1285	1285	privileges of sale or rental of real property, or in the provision of services
1286	1286	or facilities in connection therewith, because of race, religion, color, sex,
1287	1287	disability, familial status, national origin or ancestry.
1288	1288	(c) To make, print, publish, disseminate or use, or cause to be made,
1289	1289	printed, published, disseminated or used, any notice, statement,
1290	1290	advertisement or application, with respect to the sale or rental of real
1291	1291	property that indicates any preference, limitation, specification or
1292	1292	discrimination based on race, religion, color, sex, disability, familial status,
1293	1293	national origin or, ancestry, sexual orientation, gender identity or
1294	1294	expression or status as a veteran, or an intention to make any such
1295	1295	preference, limitation, specification or discrimination.
1296	1296	(d) To represent to any person because of race, religion, color, sex,
1297	1297	disability, familial status, national origin or, ancestry, sexual orientation,
1298	1298	gender identity or expression or status as a veteran that any real property
1299	1299	is not available for inspection, sale or rental when such real property is in
1300	1300	fact so available.
1301	1301	(e) For profit, to induce or attempt to induce any person to sell or rent
1302	1302	any real property by representation regarding the entry or prospective
1303	1303	entry into the neighborhood of a person or persons of a particular race,
1304	1304	religion, color, sex, disability, familial status, national origin or, ancestry,
1305	1305	sexual orientation, gender identity or expression or status as a veteran.
1306	1306	(f) To deny any person access to or membership or participation in
1307	1307	any multiple-listing service, real estate brokers' organization or other
1308	1308	service, organization or facility relating to the business of selling or renting
1309	1309	real property, or to discriminate against such person in the terms or
1310	1310	conditions of such access, membership or participation, because of race,
1311	1311	religion, color, sex, disability, familial status, national origin or, ancestry,
1312	1312	sexual orientation, gender identity or expression or status as a veteran.
1313	1313	(g) To discriminate against any person in such person's use or
1314	1314	occupancy of real property because of the race, religion, color, sex,
1315	1315	disability, familial status, national origin or, ancestry, sexual orientation,
1316	1316	gender identity or expression or status as a veteran of the people with
1317	1317	whom such person associates.
1318	1318	(h) (1) To discriminate in the sale or rental, or to otherwise make
1319	1319	unavailable or deny, residential real property to any buyer or renter
1320	1320	because of a disability of:
1321	1321	(A) ThatSuch buyer or renter;
1322	1322	1
1323	1323	2
1324	1324	3
1325	1325	4
1326	1326	5
1327	1327	6
1328	1328	7
1329	1329	8
1330	1330	9
1331	1331	10
1332	1332	11
1333	1333	12
1334	1334	13
1335	1335	14
1336	1336	15
1337	1337	16
1338	1338	17
1339	1339	18
1340	1340	19
1341	1341	20
1342	1342	21
1343	1343	22
1344	1344	23
1345	1345	24
1346	1346	25
1347	1347	26
1348	1348	27
1349	1349	28
1350	1350	29
1351	1351	30
1352	1352	31
1353	1353	32
1354	1354	33
1355	1355	34
1356	1356	35
1357	1357	36
1358	1358	37
1359	1359	38
1360	1360	39
1361	1361	40
1362	1362	41
1363	1363	42
1364	1364	43 HB 2407 17
1365	1365	(B) a person residing in or intending to reside in such real property
1366	1366	after it is sold, rented or made available; or
1367	1367	(C) any person associated with that such buyer or renter.
1368	1368	(2) To discriminate against any person in the terms, conditions or
1369	1369	privileges of sale or rental of residential real property or in the provision of
1370	1370	services or facilities in connection with such real property because of a
1371	1371	disability of:
1372	1372	(A) ThatSuch person;
1373	1373	(B) a person residing in or intending to reside in that real property
1374	1374	after it is so sold, rented or made available; or
1375	1375	(C) any person associated with that person.
1376	1376	(3) For purposes of this subsection (h), discrimination includes:
1377	1377	(A) A refusal to permit, at the expense of the person with a disability,
1378	1378	reasonable modifications of existing premises occupied or to be occupied
1379	1379	by such person if such modifications may be necessary to afford such
1380	1380	person full enjoyment of the premises;
1381	1381	(B) a refusal to make reasonable accommodations in rules, policies,
1382	1382	practices or services, when such accommodations may be necessary to
1383	1383	afford such person equal opportunity to use and enjoy residential real
1384	1384	property; or
1385	1385	(C) in connection with the design and construction of covered
1386	1386	multifamily residential real property for first occupancy on and after
1387	1387	January 1, 1992, a failure to design and construct such residential real
1388	1388	property in such a manner that:
1389	1389	(i) The public use and common use portions of such residential real
1390	1390	property are readily accessible to and usable by persons with disabilities;
1391	1391	(ii) all the doors designed to allow passage into and within all
1392	1392	premises within such residential real property are sufficiently wide to
1393	1393	allow passage by persons with disabilities who are in wheelchairs; and
1394	1394	(iii) all premises within such residential real property contain the
1395	1395	following features of adaptive design: An accessible route into and through
1396	1396	the residential real property; light switches, electrical outlets, thermostats
1397	1397	and other environmental controls in accessible locations; reinforcements in
1398	1398	bathroom walls to allow later installation of grab bars; and usable kitchens
1399	1399	and bathrooms such that an individual in a wheelchair can maneuver about
1400	1400	the space.
1401	1401	(4) Compliance with the appropriate requirements of the American
1402	1402	national standard for buildings and facilities providing accessibility and
1403	1403	usability for physically handicapped people, commonly cited as "ANSI A
1404	1404	117.1," suffices to satisfy the requirements of subsection (h)(3)(C)(iii).
1405	1405	(5) As used in this subsection (h), "covered multifamily residential
1406	1406	real property" means:
1407	1407	(A) Buildings consisting of four or more units if such buildings have
1408	1408	1
1409	1409	2
1410	1410	3
1411	1411	4
1412	1412	5
1413	1413	6
1414	1414	7
1415	1415	8
1416	1416	9
1417	1417	10
1418	1418	11
1419	1419	12
1420	1420	13
1421	1421	14
1422	1422	15
1423	1423	16
1424	1424	17
1425	1425	18
1426	1426	19
1427	1427	20
1428	1428	21
1429	1429	22
1430	1430	23
1431	1431	24
1432	1432	25
1433	1433	26
1434	1434	27
1435	1435	28
1436	1436	29
1437	1437	30
1438	1438	31
1439	1439	32
1440	1440	33
1441	1441	34
1442	1442	35
1443	1443	36
1444	1444	37
1445	1445	38
1446	1446	39
1447	1447	40
1448	1448	41
1449	1449	42
1450	1450	43 HB 2407 18
1451	1451	one or more elevators; and
1452	1452	(B) ground floor units in other buildings consisting of four or more
1453	1453	units.
1454	1454	(6) Nothing in this act shall be construed to invalidate or limit any
1455	1455	state law or ordinance that requires residential real property to be designed
1456	1456	and constructed in a manner that affords persons with disabilities greater
1457	1457	access than is required by this act.
1458	1458	(7) Nothing in this subsection (h) requires that residential real
1459	1459	property be made available to an individual whose tenancy would
1460	1460	constitute a direct threat to the health or safety of other individuals or
1461	1461	whose tenancy would result in substantial physical damage to the property
1462	1462	of others.
1463	1463	Sec. 10. K.S.A. 44-1017 is hereby amended to read as follows: 44-
1464	1464	1017. (a) It shall be unlawful for any person or other entity whose business
1465	1465	includes engaging in real estate related transactions to discriminate against
1466	1466	any person in making available such a transaction, or in the terms or
1467	1467	conditions of such a transaction, because of the race, religion, color, sex,
1468	1468	disability, familial status, national origin or, ancestry, sexual orientation,
1469	1469	gender identity or expression or status as a veteran of such person or of
1470	1470	any person associated with such person in connection with any real estate
1471	1471	related transaction.
1472	1472	(b) As used in this section, "real estate related transaction" means any
1473	1473	of the following:
1474	1474	(1) The making or purchasing of loans or providing other financial
1475	1475	assistance:
1476	1476	(A) For purchasing, constructing, improving, repairing or maintaining
1477	1477	a dwelling; or
1478	1478	(B) secured by real property.
1479	1479	(2) The selling, brokering or appraising of real property.
1480	1480	(c) Nothing in this section prohibits a person engaged in the business
1481	1481	of furnishing appraisals of real property to take into consideration factors
1482	1482	other than race, religion, color, sex, disability, familial status, national
1483	1483	origin or, ancestry, sexual orientation, gender identity or expression or
1484	1484	status as a veteran.
1485	1485	Sec. 11. K.S.A. 44-1027 is hereby amended to read as follows: 44-
1486	1486	1027. (a) No person, whether or not acting under color of law, shall by
1487	1487	force or threat of force willfully intentionally injure, intimidate or interfere
1488	1488	with, or attempt to injure, intimidate or interfere with:
1489	1489	(1) Any person because of such person's race, religion, color, sex,
1490	1490	disability, familial status, national origin or, ancestry, sexual orientation,
1491	1491	gender identity or expression or status as a veteran and because such
1492	1492	person is or has been selling, purchasing, renting, financing, occupying or
1493	1493	contracting or negotiating for the sale, purchase, rental, financing or
1494	1494	1
1495	1495	2
1496	1496	3
1497	1497	4
1498	1498	5
1499	1499	6
1500	1500	7
1501	1501	8
1502	1502	9
1503	1503	10
1504	1504	11
1505	1505	12
1506	1506	13
1507	1507	14
1508	1508	15
1509	1509	16
1510	1510	17
1511	1511	18
1512	1512	19
1513	1513	20
1514	1514	21
1515	1515	22
1516	1516	23
1517	1517	24
1518	1518	25
1519	1519	26
1520	1520	27
1521	1521	28
1522	1522	29
1523	1523	30
1524	1524	31
1525	1525	32
1526	1526	33
1527	1527	34
1528	1528	35
1529	1529	36
1530	1530	37
1531	1531	38
1532	1532	39
1533	1533	40
1534	1534	41
1535	1535	42
1536	1536	43 HB 2407 19
1537	1537	occupation of any real property, or applying for or participating in any
1538	1538	service, organization or facility relating to the business of selling or renting
1539	1539	real property;
1540	1540	(2) any person because such person is or has been, or in order to
1541	1541	intimidate such person or any other person or any class of persons from:
1542	1542	(A) Participating, without discrimination on account of race, religion,
1543	1543	color, sex, disability, familial status, national origin or, ancestry, sexual
1544	1544	orientation, gender identity or expression or status as a veteran, in any of
1545	1545	the activities, services, organizations or facilities described in subsection
1546	1546	(a)(1); or
1547	1547	(B) affording another person or class of persons opportunity or
1548	1548	protection so to participate; or
1549	1549	(3) any citizen because such citizen is or has been, or in order to
1550	1550	discourage such citizen or any other citizen from lawfully aiding or
1551	1551	encouraging other persons to participate, without discrimination on
1552	1552	account of race, religion, color, sex, disability, familial status, national
1553	1553	origin or, ancestry, sexual orientation, gender identity or expression or
1554	1554	status as a veteran, in any of the activities, services, organizations or
1555	1555	facilities described in subsection (a)(1), or participating lawfully in speech
1556	1556	or peaceful assembly opposing any denial of the opportunity to so
1557	1557	participate.
1558	1558	(b) Violation of this section is punishable by a fine of not more than
1559	1559	$1,000 or imprisonment for not more than one year, or both such fine and
1560	1560	imprisonment, except that:
1561	1561	(1) If bodily injury results, such violation shall be punishable by a
1562	1562	fine of not more than $10,000 or imprisonment for not more than 10 years,
1563	1563	or both such fine and imprisonment; and
1564	1564	(2) if death results, such violation shall be punishable by
1565	1565	imprisonment for any term of years or for life.
1566	1566	Sec. 12. K.S.A. 44-1030 is hereby amended to read as follows: 44-
1567	1567	1030. (a) Except as provided by subsection (c), every contract for or on
1568	1568	behalf of the state or any county or municipality or other political
1569	1569	subdivision of the state, or any agency of or authority created by any of the
1570	1570	foregoing, for the construction, alteration or repair of any public building
1571	1571	or public work or for the acquisition of materials, equipment, supplies or
1572	1572	services shall contain provisions by which the contractor agrees that:
1573	1573	(1) The contractor shall observe the provisions of the Kansas act
1574	1574	against discrimination and shall not discriminate against any person in the
1575	1575	performance of work under the present contract because of race, religion,
1576	1576	color, sex, disability, national origin or, ancestry, sexual orientation,
1577	1577	gender identity or expression or status as a veteran;
1578	1578	(2) in all solicitations or advertisements for employees, the contractor
1579	1579	shall include the phrase, "equal opportunity employer," or a similar phrase
1580	1580	1
1581	1581	2
1582	1582	3
1583	1583	4
1584	1584	5
1585	1585	6
1586	1586	7
1587	1587	8
1588	1588	9
1589	1589	10
1590	1590	11
1591	1591	12
1592	1592	13
1593	1593	14
1594	1594	15
1595	1595	16
1596	1596	17
1597	1597	18
1598	1598	19
1599	1599	20
1600	1600	21
1601	1601	22
1602	1602	23
1603	1603	24
1604	1604	25
1605	1605	26
1606	1606	27
1607	1607	28
1608	1608	29
1609	1609	30
1610	1610	31
1611	1611	32
1612	1612	33
1613	1613	34
1614	1614	35
1615	1615	36
1616	1616	37
1617	1617	38
1618	1618	39
1619	1619	40
1620	1620	41
1621	1621	42
1622	1622	43 HB 2407 20
1623	1623	to be approved by the commission;
1624	1624	(3) if the contractor fails to comply with the manner in which the
1625	1625	contractor reports to the commission in accordance with the provisions of
1626	1626	K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed
1627	1627	to have breached the present contract and it may be canceled, terminated
1628	1628	or suspended, in whole or in part, by the contracting agency;
1629	1629	(4) if the contractor is found guilty of a violation of the Kansas act
1630	1630	against discrimination under a decision or order of the commission which
1631	1631	that has become final, the contractor shall be deemed to have breached the
1632	1632	present contract and it may be canceled, terminated or suspended, in whole
1633	1633	or in part, by the contracting agency; and
1634	1634	(5) the contractor shall include the provisions of subsections (a)(1)
1635	1635	through (4) in every subcontract or purchase order so that such provisions
1636	1636	will be binding upon such subcontractor or vendor.
1637	1637	(b) The Kansas human rights commission shall not be prevented
1638	1638	hereby from requiring reports of contractors found to be not in compliance
1639	1639	with the Kansas act against discrimination.
1640	1640	(c) The provisions of this section shall not apply to a contract entered
1641	1641	into by a contractor:
1642	1642	(1) Who employs fewer than four employees during the term of such
1643	1643	contract; or
1644	1644	(2) whose contracts with the governmental entity letting such contract
1645	1645	cumulatively total $5,000 or less during the fiscal year of such
1646	1646	governmental entity.
1647	1647	Sec. 13. K.S.A. 12-16,107, 44-1001, 44-1002, 44-1004, 44-1005, 44-
1648	1648	1006, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027 and 44-1030 are
1649	1649	hereby repealed.
1650	1650	Sec. 14. This act shall take effect and be in force from and after its
1651	1651	publication in the statute book.
1652	1652	1
1653	1653	2
1654	1654	3
1655	1655	4
1656	1656	5
1657	1657	6
1658	1658	7
1659	1659	8
1660	1660	9
1661	1661	10
1662	1662	11
1663	1663	12
1664	1664	13
1665	1665	14
1666	1666	15
1667	1667	16
1668	1668	17
1669	1669	18
1670	1670	19
1671	1671	20
1672	1672	21
1673	1673	22
1674	1674	23
1675	1675	24
1676	1676	25
1677	1677	26
1678	1678	27
1679	1679	28
1680	1680	29