[1]
Editor's Note: Former Ch. 615, Amusement Devices, was repealed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.
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.
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.
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.
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.
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.
An association or corporation that meets all of the following
requirements:
It is organized in good faith for social or fraternal purposes;
Membership entails the payment of bona fide initiation fees
or regular dues;
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;
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
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.
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.
A church, mosque, temple, synagogue, or other entity principally
devoted to religious practice or religious teaching.
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.
An individual's actual orientation or orientation perceived
by another as heterosexual, homosexual, bisexual, or asexual.
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.
A.
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:
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 Chapter without
suffering coercion or retaliation.
A.
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.
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 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.
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,
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.
D.
Nothing in this Chapter shall:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
