CHAPTER 248
KANSAS ACT AGAINST DISCRIMINATION
AN ACT prohibiting discriminatory employment practices and policies based upon race, color, religion, or country of ancestral origin; providing for a commission on civil rights, providing for the enforcement of the provisions of this act, defining certain words and phrases, prescribing powers and duties, providing penalties for violations of this act, amending sections 44-1001, 44-1002, 44-1003, 44-1004, and 44-1005 of the General Statutes Supplement of 1959, and repealing said original sections, and also repealing section 44-1008 of the General Statutes Supplement of 1959.
Be it enacted by the Legislature of the State of Kansas:
SECTION 1. Section 44-1001 of the General Statutes Supplement of 1959 is hereby amended to read as follows: Sec. 44-1001. This article shall be known as the Kansas Act Against Discrimination. It shall be deemed an exercise of the police power of the state for the protection of the public welfare, safety, health and peace of the people of this state. The practice or policy of discrimination against individuals in relation to employment by reason of their race, religion, color, national origin or ancestry is a matter of concern to the state, that such discrimination threatens not only the rights and privileges of the inhabitants of the state of Kansas but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the policy of the state of Kansas to eliminate discrimination in all employment relations. It is also declared to be the policy of this state to assure equal opportunities and encouragement to every citizen regardless of race, religion, color, national origin or ancestry, in securing and holding, without discrimination, employment in any field of work or labor for which he is properly qualified. It is further declared that the opportunity to secure and to hold employment is a civil right of every citizen. To protect that right, it is hereby declared to be the purpose of this act to establish and to provide a state commission having power to eliminate discrimination in employment because of race, religion, color, national origin or ancestry, either by employers, labor organizations, employment agencies or other persons as hereinafter provided.
SEC. 2. Section 44-1002 of the General Statutes Supplement of 1959 is hereby amended to read as follows: Sec. 44-1002. When used in this act: (a) The term “person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. (b) The term “employer” includes any person in this state employing eight (8) or more persons, and any person acting directly or indirectly for an employer as herein defined, and labor organizations, nonsectarian corporations, and organizations engaged in social service work, and the state of Kansas and all political and municipal subdivisions thereof, but shall not include a nonprofit religious, charitable, fraternal, social, educational, or sectarian association or corporation. (c) The term “employee” does not include any individual employed by his parents, spouse, or child, or in the domestic service of any person. (d) The term “labor organization” includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment. (e) The term “employment agency” includes any person or governmental agency undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees. (f) The term “commission” means the commission on civil rights created and amended by this act. (g) The term “unlawful employment practices” includes only those unlawful practices and acts specified in section 5 of this act, and includes segregate or separate.
SEC. 3. Section 44-1003 of the General Statutes Supplement of 1959 is hereby amended to read as follows: Sec. 44-1003. There is hereby created a commission to be known as the antidiscrimination commission: Provided, After the effective date of this act, said commission shall be known as the commission on civil rights: Provided further, Persons appointed as members of the antidiscrimination commission shall continue to serve for the remainder of their terms as members of the commission on civil rights and until their successors are appointed and qualified. Said commission shall consist of five (5) members, two (2) of whom shall be representative of industry, two (2) of whom shall be representative of labor, and one (1) of whom shall be from the public at large, to be known as commissioners, who shall be appointed by the governor, and one (1) of whom shall be designated by the governor as chairman, who shall preside at all meetings of the commission and perform all the duties and functions of the chairman thereof. The commission may designate one (1) of its members to act as chairman during the absence or incapacity of the chairman, and, when so acting, the member so designated shall have and perform all the duties and functions of the chairman of the commission. The term of office of each member of the commission shall be for four (4) years and until his successor is qualified: Provided, That of the commissioners first appointed, one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and two (2) for a term of four (4) years. Any member chosen to fill a vacancy occurring otherwise than by expiration of term, shall be appointed for the unexpired term of the member whom he is to succeed. A majority of the then members of the commission shall constitute a quorum for the purpose of conducting the business thereof. Vacancies in the commission shall not impair the right of the remaining members to exercise all the powers of the commission. Each member of the commission shall receive as compensation for his services, the sum of fifteen dollars ($15) per day for each day actually spent in the discharge of his official duties: Provided, This limitation shall not apply to any expenses actually incurred by any member in traveling to and from the sessions of the commission or during the actual attendance of the same; nor to the necessary and actual expense incurred by any such member in the performance of his official duties as provided and set forth in this act. The commission shall employ a full-time executive director who shall receive a salary not less than seven thousand eight hundred dollars ($7,800) and not to exceed nine thousand five hundred dollars ($9,500) per year, as fixed by the commission. The commission shall employ such professional staff and full or part-time legal, stenographic and clerical assistance as shall be necessary to carry out the provisions of this act and fix the amount of their compensation: Provided, however, that the appointment and compensation of legal counsel shall be approved by the attorney general.
SEC. 4. Section 44-1004 of the General Statutes Supplement of 1959 is hereby amended to read as follows: Sec. 44-1004. The commission shall have the following functions, powers and duties:
(1) To establish and maintain its principal office in the city of Topeka, and such other offices elsewhere within the state as it may deem necessary.
(2) To meet and function at any place within the state.
(3) To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this act, and the policies and practices of the commission in connection therewith.
(4) To receive and investigate complaints alleging discrimination in employment because of race, religion, color, national origin or ancestry.
(5) To hold hearings, administer oaths, take the testimony of any person under oath, and, in connection therewith, to examine any books or papers relating to any matter under investigation or in question before the commission. No person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he testifies or produces evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons.
(6) To endeavor to eliminate prejudice among the various ethnic groups in this state and to further good will among such groups. The commission in co-operation with the state department of education shall prepare a comprehensive educational program designed for the students of the public schools of this state and for all other residents thereof, calculated, to emphasize the origin of prejudice against such groups, its harmful effects, and its incompatibility with American principles of equality and fair play.
(7) To create such advisory agencies and conciliation councils, local, regional, or state-wide, as in its judgment will aid in effectuating the purposes of this act, to study the problem of discrimination in all or specific fields or instances of discrimination because of race, religion, color, national origin or ancestry; to foster, through community effort or otherwise, good will, co-operation and conciliation among the groups and elements of the population of this state, and to make recommendations to the commission for the development of policies and procedures, and for programs of formal and informal education, which the commission may recommend to the appropriate state agency. Such advisory agencies and conciliation councils shall be composed of representative citizens serving without pay. The commission may itself make the studies and perform the acts authorized by this paragraph. It may, by voluntary conferences with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination in all the stated fields and to foster good will and co-operation among all elements of the population of the state.
(8) To accept contributions from any person to assist in the effectuation of this section and to seek and enlist the co-operation of private, charitable, religious, labor, civic and benevolent organizations for the purposes of this section.
(9) To issue such publications and such results of investigation and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of race, religion, color, national origin or ancestry.
(10) To render each year to the governor and to the state legislature a full written report of all its activities and of its recommendations.
(11) To adopt an official seal.
SEC. 5. It shall be an unlawful employment practice: (a) For an employer, because of the race, religion, color, national origin or ancestry of any individual to refuse to hire or employ, or to bar or to discharge from employment such individual or to otherwise discriminate against such individual in compensation or in terms, conditions, or privileges of employment. (b) For a labor organization, because of the race, religion, color, national origin or ancestry of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (c) For any employer, employment agency or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or membership or to make any inquiry in connection with prospective employment or membership, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, religion, color, national origin or ancestry, or any intent to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification. (d) For any employer, employment agency or labor organization to discharge, expel or otherwise discriminate against any person because he has opposed any practices or acts forbidden under this act or because he has filed a complaint, testified or assisted in any proceeding under this act. (e) For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this act, or to attempt to do so.
SEC. 6. Section 44-1005 of the General Statutes Supplement of 1959 is hereby amended to read as follows: Sec. 44-1005. Any person claiming to be aggrieved by an alleged unlawful employment practice may, by himself or by his attorney-at-law, make, sign, and file with the commission a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committed the unlawful employment practice complained of, and which shall set forth the particulars thereof and contain such other information as may be required by the commission. The attorney general may,
in like manner, make, sign and file such complaint. Any employer whose employees, or some of whom, refuse or threaten to refuse to co-operate with the provisions of this act, may file with the commission a verified complaint asking for assistance by conciliation or other remedial action.
After the filing of any complaint by an aggrieved individual, or by the attorney general, the commission shall designate one of the commissioners to make, with the assistance of the commissioner’s staff, prompt investigation of the alleged act of discrimination. If such commissioner shall determine after such investigation that no probable cause exists for crediting the allegations of the complaint, he shall, within ten (10) days from such determination, cause to be issued and served upon the complainant written notice of such determination.
If such commissioner after such investigation, shall determine that probable cause exists for crediting the allegations for the complaint, the said commissioner or such other commissioner as the commission may designate, shall immediately endeavor to eliminate the unlawful employment practice complained of by conference and conciliation. The members of the commission and its staff shall not disclose what has transpired in the course of such endeavors.
In case of failure so to eliminate such practice, or in advance thereof, if in the judgment of the commissioner or the commission circumstances so warrant, the said commissioner or the commission shall cause to be issued and served in the name of the commission, a written notice, together with a copy of such complaint, as the same may have been amended, requiring the person, employer, labor organization or employment agency named in such complaint, hereinafter referred to as respondent, to answer the charges of such complaint at a hearing before the commission at a time not less than ten (10) days after the service of said notice. The place
of such hearing shall be in the county where respondent is doing business and the acts complained of occurred.
The case in support of the complaint shall be presented before the commission by one of its attorneys or agents, or by private counsel, if any, of the complainant, and the commissioner who shall have previously made the investigation shall not participate in the hearing except as a witness, nor shall he participate in the deliberations of the commission in such case; and the aforesaid endeavors at conciliation shall not be received in evidence.
The respondent may file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. The complainant shall appear at such hearing in person, with or without counsel, and submit testimony. Any individual or individuals filing such a complaint must appear in person at such hearing. The commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer. The commission shall be bound by the rules of evidence prevailing in courts of law or equity, and only relevant evidence of reasonable probative value shall be received. Reasonable examination and cross-examination shall be permitted. All parties shall be afforded opportunity to submit briefs prior to adjudication. The testimony taken at the hearing shall be under oath and be transcribed.
If, upon all the evidence in the hearing, the commission shall find a respondent has engaged in or is engaging in any unlawful employment practice as defined in this act, the commission shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful employment practice and to take such affirmative or other action, including the hiring, reinstatement with or without back pay, or upgrading of employees admission or restoration to membership in any respondent labor organization, as, in the judgment of the commission, will effectuate the purposes of this act, and including a requirement for report of the manner of compliance.
If, upon all the evidence, the commission shall find that a respondent has not engaged in any such unlawful employment practice, the commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent.
A copy of its order shall be delivered in all cases by the commission to the complainant, to the respondent, to the attorney general, and to such other public officers as the commission may deem proper.
The commission shall, except as otherwise herein provided, establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder. Said rules shall be available, upon written request, within thirty (30) days after the date of adoption.
Any complaint filed pursuant to this act must be so filed within six (6) months after the alleged act of discrimination.
SEC. 7. Any party being dissatisfied with any order or decision of the commission may, within ten (10) days from the date of the service of such order or decision, apply for a rehearing in respect to any matter determined therein; the application shall be granted or denied by the commission within ten (10) days from the date same shall be filed, and if the rehearing be not granted within ten (10) days it shall be taken as denied. If a rehearing be granted the matter shall be determined by the commission within thirty (30) days after the same shall be submitted. No cause of action arising out of any order or decision of the commission shall accrue in any
court to any party unless such party shall make application for a rehearing as herein provided. Such application shall set forth specifically the ground or grounds on which the applicant considers such order or decision to be unlawful or unreasonable. No party shall, in any court, urge or rely upon any ground not set forth in said application. An order made after a rehearing abrogating, changing or modifying the original order or decision shall have the same force and effect as an original order or decision.
SEC. 8. The attorney general or county attorney, at the request of the commission, may secure enforcement of the order of the commission by the district court of the county where the unlawful employment practice shall have occurred or where any person required in the order to cease and desist from an unlawful employment practice or to take any affirmative action resides or transacts business, through mandamus or injunction in appropriate cases, or by action to compel the specific performance of the order. Such proceeding shall be initiated by the filing of a petition in such court, together with a transcript of the record upon the hearing before the commission, and issuance and service of a copy of said petition as in civil actions. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony and proceedings an order or decree, enforcing, modifying, and enforcing, as so modified, or setting aside in whole or in part, the order of the commission.
The attorney general, county attorney or any person aggrieved by an order made by the commission may obtain judicial review thereof in the said court by filing with the clerk of said court within thirty (30) days from the date of service of the order, a written appeal praying that such order be modified or set aside. The appeal shall certify that notice in writing of the appeal, with a copy of the appeal, has been given to all parties who appeared before the commission at their last known address, and to the commission by service at the office of the commission at Topeka. The evidence presented to the commission, together with its findings and the order issued thereon, shall be certified by the commission to said district court as its return. No order of the commission shall be superseded or stayed during the proceeding on the appeal unless the district court shall so direct.
No objection that has not been urged before the commission shall be considered by the court unless failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
The court shall hear the appeal with or without a jury and the court may, in its discretion, permit any party or the commission to submit additional evidence on any issue. Said appeal shall be heard and determined by the court as expeditiously as possible. After hearing, the court may affirm the adjudication. If the adjudication by the commission is not affirmed, the court may set aside or modify it, in whole or in part, or may remand the proceedings to the commission for further disposition in accordance with the order of the court.
The commission’s copy of the testimony shall be available at all reasonable times to all parties for examination without cost, and for the purpose of judicial review of the order. The review shall be heard on the record without requirement of printing.
The commission shall be deemed a party to the review of any order by the court.
The jurisdiction of the district court of the proper county as aforesaid shall be exclusive and its final order or decree shall be subject to review by the supreme court as in other cases upon appeal within thirty (30) days of the filing of such decision.
SEC. 9. Every employer, employment agency and labor union subject to this act, shall keep posted in a conspicuous place or places on his premises a notice or notices to be prepared or approved bythe commission, which shall set forth excerpts of this act and such other relevant information which the commission shall deem necessary to explain the act.
SEC. 10. Any person, employer, labor organization or employment agency, who or which shall willfully resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of duty under this act, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than one (1) year, or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment; but procedure for the review of the order shall not be deemed to be such willful conduct.
SEC. 11. This act shall not apply to any member of or adherent to a religious creed whose tenets or practices include a refusal to recognize the flag of the United States of America or a refusal to serve in the armed forces of the United States of America.
SEC. 12. Sections 44-1001, 44-1002, 44-1003, 44-1004, 44-1005 and 44-1008 of the General Statutes Supplement of 1959 are hereby repealed.
SEC. 13. This act shall take effect and be in force from and after its publication in the statute book.