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.
CITY
The City of Mission, Kansas.
CODE
The Code of the City of Mission, Kansas.
EMPLOYEE
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.
EMPLOYER
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.
INVESTIGATOR
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.
RESPONDENT
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.
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.