Title 8 - Human Rights

8.10 Civil Rights

8.10.020 Definitions

The definitions contained within the Kansas Act Against Discrimination, K.S.A. 44-1001 et seq., and amendments thereto, and Overland Park Municipal Code Section 1.04.010, and amendments thereto, shall apply to this Chapter unless a term is specifically defined herein. For purposes of this Chapter, certain terms shall be interpreted or defined as follows unless the context clearly indicates otherwise:

 

Aggrieved Individual means any individual who has a good faith belief that such individual has been injured by an Unlawful Discriminatory Practice as set forth herein.

Effective on: 1/1/1901

​​​​​​​Days means calendar days. If a deadline falls on a day City Hall is not open (e.g. a weekend, a holiday recognized by the City, emergency closure) the deadline will be extended to the next day City Hall is open.

Effective on: 1/1/1901

​​​​​​​Employee means any individual who is employed by an Employer and receives a salary or wages from such Employer, but does not include any individual employed by such individual's parents, spouse or child or in the domestic service of any individual. The term Employee does not include an independent contractor.

Effective on: 1/1/1901

​​​​​​​Employer means: (1) any individual or entity (e.g. corporation, partnership, limited liability company, association, labor organization, mutual company, joint-stock company, trust, unincorporated organization) doing business within the City of Overland Park who has one or more Employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, (2) the City, and (3) any City contractor. For purposes of this Chapter, the term does not include: (1) The United States or any department or agency thereof, a corporation wholly owned by the government of the United States, or an Indian tribe; or (2) a Nonprofit Fraternal or Social Association/Corporation.

Effective on: 1/1/1901

​​​​​​​Gender Identity means an individual’s actual or perceived (by the individual or another) gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics regardless of the individual’s designated sex at birth.

Effective on: 1/1/1901

​​​​​​​Hearing Officer means a Municipal Court Judge of the City.

Effective on: 1/1/1901

Investigator means one or more individual(s) designated by the City Manager. 

Effective on: 1/1/1901

Nonprofit Fraternal or Social Association/Corporation means 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 by-laws adopted by the membership; (4) membership is limited and 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. To the extent not otherwise included, the term also includes any bona fide membership club that is exempt from taxation under Title 26, Section 501(c) of the United States Code. The term does not include a labor organization.

Effective on: 1/1/1901

Place of Public Accommodation shall include every establishment within the city that is open to the general 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 one or more tenant units, restaurants or any place where food or beverages are sold, retail and wholesale establishments, theaters, motion picture houses, museums, bowling alleys, golf courses and all public conveyances, as well as the stations or terminals thereof. The term Place of Public Accommodation shall not include any establishment operated by a Nonprofit Fraternal or Social Association/Corporation, or bona fide civic, political or religious organization, which restricts its products, facilities and services to the members of such association/corporation or organization, their guests, or individuals who promote the principles for which the association/corporation or organization is established or maintained.

Effective on: 1/1/1901

Religious Organization means a church, mosque, temple, synagogue, nondenominational ministry, interdenominational and ecumenical organization, mission organization, faith-based charity, faith-based social agency, faith-based educational institution, or other entity principally devoted to religious practice, teaching or education.

Effective on: 1/1/1901

Rent means to lease, to sublease, to let or otherwise to grant the right to occupy premises not owned by the occupant in exchange for payment or other consideration.

Effective on: 1/1/1901

Rental Housing means any real property, consisting of one or more dwelling units, which is required to obtain a license or permit or is otherwise addressed in Chapter 5.75 of this Code.

Effective on: 1/1/1901

Respondent means the individual or entity against whom a complaint alleging discrimination or retaliation has been filed with the City.

Effective on: 1/1/1901

Sexual Orientation means an individual’s actual or perceived (by the individual or another) emotional, romantic, or sexual attraction to other people, such as heterosexual, homosexual, bisexual, pansexual or asexual.

Effective on: 1/1/1901

Unlawful Discriminatory Practices means those practices prohibited by Section 8.10.030 of this Chapter.

 

(History: Ord. HRC-3266 § 2, 2019) 

Effective on: 1/1/1901