Title 8 - Human Rights

8.10.040 Interpretation

Nothing in this Chapter shall be construed to:

1. A.
   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.
2. B.
   Require an Employer to hire unqualified individuals or to retain Employees when there is a legitimate non-discriminatory or non-retaliatory reason to hire another candidate or terminate employment, or prevent any adverse action against an Employee that would have been taken regardless of the Employee’s Sexual Orientation or Gender Identity.
3. C.
   Prohibit an Employer from requiring all of 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 Chapter. However, an Employee may simultaneously file a complaint with the City as provided in this Chapter, and completion of the Employer’s procedures is not a prerequisite to filing a complaint with the City.
4. D.
   Require any person or entity subject to this Chapter to make changes requiring a building permit to any existing facility, except as otherwise required by law.
5. E.
   Prohibit an Employer or Place of Public Accommodation from posting signs for restrooms and dressing rooms based on gender.
6. F.
   Prohibit a Nonprofit Fraternal or Social Association/Corporation or Religious Organization from limiting membership as is calculated by the association/corporation or organization to promote the principles for which it is established or maintained.
7. G.
   Be construed or applied in a manner that violates any law or unlawfully infringes upon any rights under the First Amendment of the United States Constitution, Section 7 of the Kansas Constitution Bill of Rights, the Adoption Protection Act (K.S.A. 60-5322, and amendments thereto), or the Kansas Preservation of Religious Freedom Act (K.S.A. 60-5301 et seq., and amendments thereto).
8. H.
   Make it lawful to discriminate or retaliate against individuals on the basis of race, color, religion, national origin, sex, age, disability, genetic information, marital status, familial status, or military status. Such discrimination and retaliation is not addressed in this Chapter because federal and state laws consistently address unlawful discriminatory and retaliatory practices related to those characteristics and provide appropriate procedures for addressing complaints for such discrimination and retaliation.

(History:  Ord. HRC-3266 § 4, 2019)

Effective on: 1/1/1901