Editor's Note: Former Ch. 615, Amusement Devices, was repealed 10-15-2014 by Ord. No. 1411 § 1. This Chapter was derived from Ord. No. 616, 6-9-1982; Code 1983; CC 2000 §§ 5-401 through 5-410.
Except to the extent they are in conflict with the definitions below, the definitions contained within the Kansas Act Against Discrimination, K.S.A. 44-1001 et seq., the Kansas Age Discrimination in Employment Act, K.S.A. 44-1111 et seq., and the Discrimination Against Military Personnel Act, K.S.A. 44-1125 et seq., and amendments thereto, shall be applicable under this Chapter. For purposes of this Chapter, certain terms shall be interpreted or defined as follows unless the context clearly indicates otherwise.
- AGGRIEVED INDIVIDUAL
- Any individual who has a good faith belief that he/she has been injured by an unlawful discriminatory practice.
- The City of Mission, Kansas.
- The Code of the City of Mission, Kansas.
- Any person authorized to perform services for any business within the City, and includes an officer, employee, or elected official of the United States, a state, territory, or any political subdivision thereof or any agency or instrumentality thereof, and an officer of a corporation. Employee does not include any individual employed by such individual's parents, spouse, or child.
- Any individual or entity (i.e., corporation, partnership, limited liability company, association, labor organization, mutual company, joint-stock company, trust, or unincorporated organization) employing four (4) or more employees and all departments, boards and agencies of the City. Employer shall include the City and any City contractor. For purposes of this Chapter, no religious organization or non-profit fraternal or social association/corporation shall be considered an employer.
- FAMILIAL STATUS
- Persons eighteen (18) years of age or older who are spouses, former spouses, parents or stepparents, and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.
- GENDER IDENTITY
- The actual or perceived gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.
- HEARING OFFICER
- A person appointed by the Mayor, with approval of the City Council, who is charged with determining the validity of alleged violations of this Chapter, and upon determining that a violation has occurred, assessing appropriate damages, penalties, and/or costs, as provided in this Chapter.
- One (1) or more persons appointed by the Mayor, with the approval of the City Council, who shall be charged with investigating alleged violations of this Chapter. If the person charged with violating the provisions of this Chapter is the City, the investigator shall not otherwise be an employee, agent, or contractor of the City.
- MILITARY STATUS
- A person who is serving or has served in the uniformed services, and who, if discharged or released under conditions other than dishonorable, as specified in 38 U.S.C. 101(2), or amendments thereto. "Uniformed services" is defined as set forth in 20 CFR 1002.5(o), or amendments thereto.
- NON-PROFIT FRATERNAL OR SOCIAL ASSOCIATION/CORPORATION
- An association or corporation that meets all of the following requirements:
- 1. It is organized in good faith for social or fraternal purposes;
- 2. Membership entails the payment of bona fide initiation fees or regular dues;
- 3. There exists a regularly established means of self-government by the members thereof clearly set forth in a constitution or bylaws adopted by the membership;
- 4. There is a regularly established means of and criteria for admitting members and for expulsion of members by the existing membership or by their duly elected or appointed delegates; and
- 5. It is not operated, directly or indirectly for purposes of profit for any individual or groups of individuals other than the membership as a whole.
- PLACE OF PUBLIC ACCOMMODATION
- Includes every establishment within the City that is open to the public and offers any product, service, or facility. The term "place of public accommodation" shall include, but not be limited to, all taverns, hotels, motels, apartment hotels, apartment houses with more than four (4) tenant units, restaurants or any place where food or beverages are sold, retail and wholesale establishments, hospitals, theaters, motion picture houses, museums, bowling alleys, golf courses and all public conveyances, as well as the stations or terminals thereof. This shall not, however, apply to any hotel, motel, restaurant or theater operated by a bona fide private club not conducted for the purpose of evading this Chapter when the accommodations, advantages, facilities and services are restricted to the members of such club and their guests; nor to any bona fide social, fraternal, civic, political or religious organization, when the profits of such accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit or mission of such organization.
- RELIGIOUS ORGANIZATION
- A church, mosque, temple, synagogue, or other entity principally devoted to religious practice or religious teaching.
- RENTAL HOUSING
- Any real property, consisting of more than four (4) dwelling units, which is required to obtain a license or permit pursuant to the provisions of Section 635.030 of the Code.
- The individual or entity against whom a complaint alleging discrimination or retaliation has been filed with the City.
- SEXUAL ORIENTATION
- An individual's actual orientation or orientation perceived by another as heterosexual, homosexual, bisexual, or asexual.
- TO RENT
- To lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant in exchange for payment or other consideration.
The right of an otherwise qualified individual to be free from discrimination because of that individual's real or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or military status is hereby recognized. This right shall include, but not be limited to, any of the following:
The right to pursue and hold employment and the benefits associated therewith without wrongful discrimination.
The right to the full enjoyment of any of the services, advantages, or privileges of any place of public accommodation without wrongful discrimination.
The right to engage in property transactions, including obtaining housing for rent or purchase and credit therefor, without wrongful discrimination.
The right to exercise any right granted under this Chapter without suffering coercion or retaliation.
Employment. It shall be an unlawful discriminatory practice for an employer, because of the race, religion, color, sex, disability, marital status, familial status, national origin, ancestry, sexual orientation, gender identity, or military status of any otherwise qualified individual to refuse to hire or employ such individual, to bar or discharge such individual person from employment, or to otherwise discriminate against such individual in compensation or in terms, conditions, or privileges of employment; to limit, segregate, classify, or make any distinction in regards to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, or segregation without a valid business necessity. This Chapter shall not apply to employment by a religious organization that consists of religious teaching, ministry, or other religious duties or practices.
Housing. It shall be an unlawful discriminatory practice for an individual or entity to discriminate against any individual in the terms, conditions, or privileges of sale or rental of real property or rental housing, or in the provision of services or facilities in connection therewith, because of race, religion, color, sex, disability, marital status, familial status, national origin, ancestry, sexual orientation, gender identity, or military status, or to discriminate against any individual in such individual's use or occupancy of rental housing because of the race, religion, color, sex, disability, marital status, familial status, national origin ancestry, sexual orientation, gender identity, or military status of the people with whom such individual associates.
Public Accommodation. It shall be an unlawful discriminatory practice for 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 individual as covered by this Chapter because of race, religion, color, sex, disability, marital status, familial status, national origin, ancestry, sexual orientation, gender identity, or military status. Notwithstanding the above, nothing in this Chapter shall be construed to prevent any business as defined in this Chapter from offering, affording, or providing any additional benefit or additional discount to a person because of such person's military or senior citizen status.
Nothing in this Chapter shall:
Be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel, to be forced to discharge qualified or competent personnel, or to be forced to retain personnel when there is a legitimate non-discriminatory or non-retaliatory reason to terminate employment.
Nothing in this Chapter shall be construed to prohibit a business from requiring all of its employees, as a requirement of employment, to utilize the business' applicable established internal human resource procedure(s) to report any allegation of discrimination in the workplace. The enforcement by an employer of any such requirement shall not, in itself, be deemed a violation of this Chapter. However, nothing in this Chapter shall be construed to require an employee to utilize the employer's internal human resource procedure(s) as a prerequisite to filing a complaint for the alleged violation of this Chapter.
Nothing in this Chapter shall prohibit an employer from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law.
Nothing in this Chapter shall prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of real property which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this Chapter prohibit a nonprofit private club in fact not open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
Nothing in this Chapter shall be construed to require any entity subject to this Chapter to make changes requiring a building permit to any existing facility, except as otherwise required by law.
An aggrieved individual may file a complaint that the person has been, or is being, discriminated against by an alleged unlawful discriminatory practice set forth in this Chapter on the individual's own behalf or through an attorney; or, if a minor, through the individual's parent or legal guardian or attorney; by completing and signing the form provided by the City. The complaint form shall state the names and contact information of the aggrieved person, the person(s) alleged to have committed the unlawful discriminatory practice(s), and the respondent; shall describe the unlawful act or discriminatory practice; and shall include all other information as may be required by the City.
The complaint form shall be submitted to an investigator, and shall only be considered complete if all information requested has been provided to the extent such requested information is reasonably available to the aggrieved individual.
The complaint form must be filed within sixty (60) days of the alleged unlawful discriminatory practice, unless the act complained of constitutes a continuing pattern or practice of discrimination, in which event it must be filed within sixty (60) days of the last act of discrimination.
On receipt of a completed complaint, the investigator shall notify the respondent of the complaint, providing sufficient details related to the complaint so that the respondent may respond. The investigator shall give the respondent a specific date by which to file an answer to the complaint and provide any documentation or evidence related to the complaint. The investigator may, at the respondent's request, extend the answer period to a date certain as the investigator deems appropriate.
Following the conclusion of the answer period the investigator may initiate further investigation, requesting the complainant and/or respondent to provide additional information, documentation or statements as needed to facilitate the investigation of the complaint. The investigator shall have the power to issue process and compel the production of documents and information. Such process shall be executed by the Chief of Police and shall be enforced as in all cases of City ordinances. This investigation period shall be completed within a reasonable period of time following the submission of additional information, documentation or statements.
Upon the conclusion of the investigation, the investigator will review all information provided and make a determination whether or not probable cause exists that the respondent committed an unlawful discriminatory practice. If the investigator finds that probable cause did not exist, then the investigator shall notify the complainant and respondent, and no further action shall be taken by the City. If the investigator finds that probable cause exists that an unlawful discriminatory practice was committed by the respondent, the investigator will attempt to conciliate and settle the complaint between the parties. If a party refuses to participate in conciliation and settlement, or if a settlement agreement is not executed within sixty (60) days of the date of the finding of probable cause, the matter shall be referred to the hearing officer for a hearing. The investigator shall maintain all evidence received during the investigation for a period of two (2) years after the deadline for appeal or completion of appeal, whichever is later.
Upon referral to the hearing officer, the hearing officer shall schedule a hearing on the complaint. The hearing officer shall have the power to administer oaths and to issue process and compel the attendance of any party or witness. Such process shall be executed by the Chief of Police and shall be enforced as in all cases of City ordinances. At such hearing, the parties and the investigator shall be entitled to call witnesses and to present such other evidence as appropriate. The hearing shall be conducted in accordance with such procedures as may be established by the hearing officer, but the rules of evidence used in courts of law need not be strictly enforced. Following the conclusion of the hearing, the hearing officer may announce a determination or may take the matter under advisement for determination at a later date. Any determination of the hearing officer shall be in writing, shall be based upon the preponderance of the evidence, and shall set forth the essential elements of the determination.
If the hearing officer finds that a violation of this Chapter has occurred, the hearing officer may award to the complainant actual damages, or a civil penalty in the amount of one thousand dollars ($1,000.00), whichever is greater, for each violation. In addition, the investigator's fees and the hearing officer's fees shall be assessed to the non-prevailing party unless the hearing officer determines that the circumstances warrant assessing the costs in some other manner.
Any individual aggrieved by a determination of the hearing officer under this Section or any determination of insufficient evidence to warrant a hearing made by the Investigator, may appeal that determination to the District Court of Johnson County, Kansas, in accordance with K.S.A. 60-2101(d), and amendments thereto. Within thirty (30) days of service of the notice of appeal pursuant to K.S.A. 60-2101(d), or within further time allowed by the court or by other provision of law, the City shall transmit to the court the original or a copy of the written determination of the hearing officer and all documents or evidence considered by the hearing officer in considering the complaint or rendering the written determination. On appeal, the district court may enter such order or judgment as justice shall require, and may award court costs and reasonable attorney fees to the prevailing party.
The hearing officer shall preserve all evidence presented at the hearing for a period of two (2) years after the deadline for appeal or completion of appeal, whichever is later.
The filing of a complaint for the alleged violation of this Chapter shall in no way preclude any person from seeking other relief under state or Federal law. Further, due to the existence of state and Federal legal processes to address allegations of discrimination based on race, religion, color, sex, disability, familial status, national origin, ancestry, or military status, the City will direct those seeking to file a complaint for the alleged violation of this Chapter arising out of discrimination based on race, religion, color, sex, disability, familial status, national origin, ancestry, or military status of the appropriate state or Federal agency in which such complaints may be filed.
Should any section, subsection, sentence, clause, or phrase of this Chapter, or the application thereof to any individual or circumstance, be declared to be unconstitutional or invalid or unenforceable, such determination shall not affect the validity of the remaining portions of this Chapter.