[Added 5-15-2019 by Ord. No. 228]
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
apply to this article unless specifically defined herein. For purposes
of this article, certain terms shall be interpreted or defined as
follows, unless the context clearly indicates otherwise.
Any individual who has a good-faith belief that he/she has
been injured by an unlawful discriminatory practice.
The City of Mission Woods, Kansas.
The Code of the City of Mission Woods, Kansas.
Calendar days. If a deadline falls on a day City Hall is
not open (i.e., a weekend, a holiday recognized by the City, emergency
closure), the deadline will be extended to the day City Hall is open.
Any individual employed by an employer, but does not include
any individual employed by such individual's parents, spouse
or child or in the domestic service of any individual. Employee also
does not include an independent contractor.
Any individual or entity (i.e., corporation, partnership,
limited liability company, association, labor organization, mutual
company, joint-stock company, trust, unincorporated organization)
employing four or more employees, the City (including all departments,
boards, agencies), and any City contractor. For purposes of this article,
no nonprofit fraternal or social association/corporation shall be
considered to be an employer.
An individual's perceived or actual gender-related identity,
expression, appearance, or mannerisms, or other gender-related characteristics
regardless of the individual's designated sex at birth.
The City of Mission Woods Municipal Judge.
The City of Mission Woods Prosecutor.
(a)
The right of an otherwise qualified individual to be free from discrimination
because of that individual's race, color, religion, national
origin, 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:
(1)
The right to pursue and hold employment and the benefits associated
therewith without wrongful discrimination.
(2)
The right to the full enjoyment of any of the services, advantages
or privileges of any place of public accommodation without wrongful
discrimination.
(3)
The right to engage in property transactions, including obtaining
housing for rent or purchase and credit therefor, without wrongful
discrimination.
(4)
The right to exercise any right granted under this article without
retaliation.
(b)
To protect these rights, it is hereby declared to be the purpose
of this article to extend the law to prohibit discrimination and retaliation
based upon sexual orientation and gender identity and to provide a
local process for the acceptance, investigation and resolution of
complaints of discrimination and retaliation relating to sexual orientation
and/or gender identity arising hereunder.
(a)
Employment. It shall be an unlawful discriminatory practice for an
employer, because of the sexual orientation or gender identity of
an otherwise qualified individual, to refuse to hire or employ such
individual, to bar or discharge such individual from employment or
to otherwise discriminate against such individual in compensation
or in terms, conditions or privileges of employment without a valid
business necessity. This article shall not apply to employment by
a religious organization that consists of religious teaching, ministry,
or other religious duties or practices.
(b)
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 the sale or lease of real property or the lease of
rental housing, or in the provision of services or facilities in connection
therewith, because of sexual orientation or gender identity or to
discriminate against any individual in such individual's use
or occupancy of rental housing because of the sexual orientation or
gender identity of individuals with whom such individual associates.
Nothing in this article shall prohibit a religious organization, or
any nonprofit institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, from
limiting the sale, rental or occupancy of real property or rental
housing which it owns or operates for other than a commercial purpose
to individuals of the same religion, or from giving preference to
such individuals.
(c)
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,
privileges, advantages and accommodations to any individual because
of sexual orientation or gender identity.
(d)
It shall be a defense to any allegation of an unlawful discriminatory
practice:
(1)
That the individual or entity did not know the aggrieved individual's
sexual orientation or gender identity;
(2)
That the individual or entity acted in good faith and had reasonable
grounds for believing that an act or omission was not a violation
of this article; and
(3)
That any adverse action taken against the aggrieved individual
would have been taken regardless of the individual's sexual orientation
or gender identity (i.e., the aggrieved individual violated the law,
a workplace rule, a lease provision or policy applicable to all similarly
situated individuals, such as employees, lessees, customers, etc.).
(e)
Nothing in this article shall:
(1)
Prohibit a fraternal or social association/corporation in fact
not open to the public, which as an incident to its primary purpose
or purposes provides lodging which it owns or operates for other than
a commercial purpose, form limiting the rental or occupancy of such
lodging to its members or from giving preference to its members.
(2)
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.
(3)
Require an employer to hire unqualified individuals or to retain
employees when there is a legitimate nondiscriminatory or nonretaliatory
reason to terminate employment.
(4)
Be construed to prohibit an employer from requiring of all its
employees, as a condition of employment, to utilize the employer's
applicable established internal human resource procedure(s) to address
any allegation of discrimination or retaliation in the workplace.
The fact that an employer requires an employee to utilize the employer's
applicable established internal human resource procedure(s) to address
any allegation of discrimination or retaliation in the workplace shall
not, in itself, be deemed a violation of this article. However, an
employee may simultaneously file a complaint with the City as provided
in this article; completion of the employer's procedures is not
a prerequisite to filing a complaint with the City.
(5)
Be construed to require any person or entity subject to this
article to make changes requiring a building permit to any existing
facility, except as otherwise required by law.
(6)
Be construed to prohibit an employer or place of public accommodation
to post signs for restrooms and dressing rooms based on gender.
(7)
Be construed to make it lawful to discriminate or retaliate
against individuals on the basis of race, color, religion, national
origin, sex, age, disability, marital status, familial status, or
military status. Such discrimination and retaliation is not addressed
in this article because federal and state law consistently address
unlawful discriminatory and retaliatory practices related to those
characteristics and provide a complaint, investigation and enforcement
process for such discrimination and retaliation.
(a)
An aggrieved individual may file a written, verified complaint that
the individual has been, or is being, subject to an alleged unlawful
discriminatory practice set forth in this article personally or through
an attorney (or if a minor, through the minor's parent, 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 individual, the individual(s) and/or
entity/entities alleged to have committed the unlawful, discriminatory
practice(s), a description of the alleged unlawful conduct and all
other information as may be required by the form provided by the City.
The City is to provide the complaint form without charge.
(b)
The complaint form shall be submitted to the investigator via hand-delivery,
certified mail, email or fax and shall only be considered complete
if all information required by the City's form has been provided
to the extent such information is reasonably available to the aggrieved
individual.
(c)
The complaint form must be filed within 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 60 days of the last act of discrimination.
(d)
Upon receipt of a complete complaint, the investigator shall notify
the respondent(s) of the complaint, providing sufficient details related
to the complaint so that the respondent(s) may respond. The investigator
shall give the respondent(s) 30 days to file a written answer to the
complaint and to provide any documentation or evidence related to
the complaint. The investigator may, at the request of the respondent(s),
extend the answer period an additional 30 days. If the respondent
charged with violating the provisions of this article is the City,
the City will engage an independent investigator who shall not otherwise
be an employee, agent, or contractor of the City and shall not have
any association with the complainant or the respondent(s).
(e)
Following the conclusion of the answer period, the investigator may
initiate an investigation period, requesting that the complainant
and/or respondent(s) provide additional information, documentation
or testimony as needed to facilitate the investigation of the complaint.
The investigator shall have the power to issue process and compel
the production of documents. 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 concluded within 60 days of the
investigator's last request for information, unless the investigator
notifies the complainant and the respondent(s) in writing of the need
for additional time and reason(s) therefor.
(f)
Within 30 days of the conclusion of the investigation period, the
investigator will review all evidence received during the investigation
and make a determination whether probable cause exists that the respondent(s)
committed an unlawful discriminatory practice. The investigator will
maintain all evidence received during the investigation for a period
of two years after the deadline for appeal or completion of appeal,
whichever is later.
(g)
If the investigator finds that probable cause does not exist, then
the investigator shall notify the complainant and the respondent(s),
and no further action shall be taken by the City. The complainant
may appeal the investigator's determination to the District Court
of Johnson County, Kansas, in accordance with K.S.A. 60-2101(d), and
amendments thereto. Within 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 a certified copy of the investigator's written determination
and a certified copy of all evidence received by the investigator
during the investigation.
(h)
If the investigator finds that probable cause exists that an unlawful
discriminatory practice was committed by the respondent(s), the investigator
shall notify the complainant and respondent(s) and request conciliation
and settlement. If a party refuses to participate in conciliation
and settlement, or if a settlement agreement is not executed within
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
may extend the time for signing a settlement agreement for good cause
and with written notice to the parties.
(i)
If the investigator has determined that probable cause exists that
the respondent(s) committed an unlawful discriminatory practice against
the complainant, and the complaint could not be conciliated and settled
within 60 days of the date of such determination (or the last day
of any extension, whichever is later), the complaint shall be set
for a hearing before the hearing officer. The parties will be given
at least 10 days' written notice of the date, time and place
of the haring. At such hearing, the parties 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. 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. The hearing officer shall issue a written determination
within 10 days of the date of the hearing. The determination shall
indicate whether the preponderance of the evidence proves that the
respondent committed the unlawful discriminatory practice against
the complainant. If the hearing officer finds that a violation of
this article has occurred, the hearing officer may award to the complainant
actual damages, or a civil penalty in the amount of $500, whichever
is greater, for each violation. Each party is to bear their own attorneys'
fees, if any. The hearing officer shall preserve all evidence presented
at the hearing for a period of two years after the deadline for appeal
or completion of appeal, whichever is later.
(j)
Any party aggrieved by a determination of the hearing officer under
this section 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 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 a certified copy of the written determination of the hearing
officer and a certified copy of all evidence presented at the hearing.
On appeal, the District Court may enter such order or judgment as
justice shall require and may award the prevailing party court costs
and reasonable attorneys' fees incurred to prosecute or defend
the appeal.
(k)
The filing of a complaint for the alleged violation of this article
or a response thereto shall in no way preclude any party from seeking
other relief under state or federal law.
(l)
Any individual making false, malicious, or unfounded accusations
against an entity or individual subject to this article is guilty
of a violation and upon conviction thereof shall be punished by a
fine of $100 for each such violation.
Should any section, subsection, sentence, clause or phrase of
this article, or the application thereof to any person or circumstance,
be declared to be unconstitutional or invalid or unenforceable, such
determination shall not affect the validity of the remaining portions
of this article.
