12-10639 Equal Opportunity and Affirmative Action1
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(First Published in Salina Journal May 25, 2012)
ORDINANCE NUMBER 12-10639
AN ORDINANCE AMENDING CHAPTER 13, OF THE SALINA CODE PERTAINING
TO EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION AND REPEALING EXISTING
CHAPTER 13.
BE ITORDAINED by the Governing Body of Salina, Kansas:
Section 1. That Section 13-1 of the Salina Code is hereby amended as follows:
Sec. 13-1. Declaration of policy.
(a) The practice or policy of discrimination against individuals by reason of race, sex,
sexual orientation, gender identity, familial status, disability, religion, age, color,
national origin or ancestry is a matter of concern to the city since such discrimination
threatens not only the rights and privileges of the inhabitants of the city but menaces
the institutions and foundations of a free democratic state. It is hereby declared to be
the policy of the city to eliminate and prevent discrimination in all employment
relations, to eliminate and prevent discrimination, segregation or separation in all areas
of public accommodations, and to eliminate and prevent discrimination, segregation or
separation in housing as provided in this chapter.
(b) It is also declared to be the policy of [this] city to assure equal opportunities and
encouragement to every citizen regardless of race, sex, sexual orientation, gender
identity, disability, religion, age, color, national origin or ancestry, in securing and
holding, without discrimination, employment in any field of work or labor for which a
person is properly qualified or qualifiable, to assure equal opportunity to all persons
within the city to full and equal public accommodations, and to assure equal
opportunities in housing without distinction on account of race, sex, sexual orientation,
gender identity, familial status, disability, religion, color, national origin or ancestry. It
is further declared that the opportunity to secure and to hold employment, the
opportunity for full and. equal public accommodations as covered by this chapter and
the opportunity for full and equal housing are civil rights of every citizen. To protect
these rights, it is hereby declared to be the purpose of this chapter to establish and to
provide a city human relations commission and a human relations department.
Section 2. That Section 13-2 of the Salina Code is hereby amended as follows:
Sec. 13-2. Definitions.
When used in this chapter, the following words and phrases shall have the meaning
indicated. This chapter prohibits discrimination based upon sex, and accordingly, the
personal pronouns and gender of nouns used in this chapter shall not be construed as
limiting the provisions of this chapter to one or to the other sex:
Age means an age of forty (40) or more years but less than seventy (70) years.
Chairperson means the person chairing the human relations commission created by this
chapter.
Commission means the human relations commission created by this chapter.
Complainant means any person claiming to be aggrieved by any unlawful discriminatory
practice or violation of this chapter.
Contract means any contract entered into by the city or any of its agencies.
Contractor means any individual, partnership, corporation, association or other entities
entering into a contract with the city and who is an employer as herein defined.
Director means the director of the human relations department.
Disability means, with respect to an individual:
(1) A physical or mental impairment that substantially limits one (1) or more of the
major.life activities of such individual;
(2) A record of such an impairment; or
(3) Being regarded as having such impairment by the person or entity alleged to have
committed the unlawful discriminatory practice complained of.
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"Disability" does not include current, illegal use of a controlled substance as defined
in section 102 of the federal controlled substance act (21 U.S.C. 802), in housing
discrimination. In employment and public accommodation discrimination,
"disability" does not include an individual who is currently engaging in the illegal
use of drugs where possession or distribution of such drugs is unlawful under the
controlled substance act (21 U.S.C. 812) when the covered entity acts on the basis of
such use.
Dwelling means any building, structure or portion thereof which is occupied as, or
designated or intended for occupancy as, a residence by one (1) or more families, and
any vacant land which is offered for sale or lease for the construction or location thereon
of any such building, structure, or portion thereof.
Employee means any person 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 person.
Employer includes any person in the city employing four (4) or more persons, and any
person acting directly or indirectly for an employer, labor organizations, nonsectarian
corporations, organizations engaged in social service work, and the City of Salina and all
political and municipal subdivisions thereof, but shall not include a nonprofit fraternal or
social association or corporation.
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.
Familial status means having one (1) or more individuals less than eighteen (18) years
of age domiciled with:
(1) A parent or another person having legal custody of such individual or individuals; or
(2) The designee of such parent or other person having such custody, with the written
permission of such parent or other person. The protections against discrimination
afforded individuals on the basis of familial status shall apply to any person who is
pregnant or is in the processing of securing legal custody of any individual who has
not attained the age of eighteen (18) years.
Financial institution means any person regularly engaged in the business of lending
money or guaranteeing loans on housing accommodations or real property.
Hotel means every building or other structure which is kept, used, maintained, advertised
or held out to the public as a place where sleeping accommodations are offered for pay
primarily to transient guests and in which four (4) or more rooms are used for the
accommodation of such guests, regardless of whether such building or structure is
designated as a cabin camp, tourist cabin, motel or other type of lodging unit.
Gender Identity means the sense of one's gender -related identity, appearance, behavior,
and other characteristics of an individual, as perceived by the individual or another, and
without regard to the individual's actual or assigned sex at birth. This term shall not
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.
Housing accommodation means:
(1) Any building or portion thereof which is used or intended for use as the residence or
sleeping place of one (1) or more persons.
(2) The term "housing accommodations" shall not mean or include:
a. The rental of a dwelling, or a portion thereof, containing accommodations for no
more than two (2) families, one (1) of which is occupied by the owner or his
family at the time of rental;
b. The rental of less than four (4) rooms in a one -family dwelling to another person
or persons by the owner or occupant of such accommodations in which he or
members of his family reside.
Labor organization includes any organization which exists for the purpose, in whole or
in part, of collective bargaining, of dealing with employers concerning grievances, terms
or conditions of employment or of other mutual aid or protection in relation to
employment.
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Occupational qualifications as used herein are those qualifications which can be shown
to be demonstrably valid to the normal operation or performance of a particular job,
business or enterprise.
Owner shall mean and include the owner, lessee, sublessee, assignee, manager, agent, or
other person, firm or corporation having the right to sell, rent or lease any housing
accommodation or real property within the corporate limits of the city.
Person includes one (1) or more individuals, partnerships, associations, organizations,
corporations, municipal corporations, quasi -municipal corporations, governmental
agencies, public bodies, legal representatives, trustees, trustees in bankruptcy, receivers,
fiduciaries, mutual companies or unincorporated organizations.
Person aggrieved means any person who claims to have been injured by a
discriminatory act or practice or believes that such person will be injured by a
discriminatory act or practice that is about to occur.
Probable cause means the presence of a reasonable ground for belief in the existence of
the allegation of a violation of any statute, ordinance, or other authority, orders, rules or
regulations.
Public accommodations shall include any person who caters or offers goods, services,
facilities and accommodations to the public. Public accommodations include, but are not
limited to, any lodging establishment or food service establishment, as defined by
K.S.A. 36-501 and amendments thereto; any bar, tavern, barbershop, beauty parlor,
theater, skating rink, bowling alley, billiard parlor, amusement park, recreation park,
swimming pool, lake, gymnasium, mortuary or cemetery which is open to the public; or
any public transportation facility. Public accommodations do not include a religious or
nonprofit fraternal or social association or corporation.
Real estate broker means any person who, for a fee or other valuable consideration,
sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale,
purchase, exchange or rental of housing accommodations or real property of another
person.
Real estate salesman or agent means any person employed by a real estate broker to
perform, or to assist in the performance of, any or all of the functions of a real estate
broker.
Reasonable accommodation means:
(1) (In the context of employment under. article III of this chapter) making existing
facilities used by employees readily accessible to and usable by individuals with
disabilities; job restructuring; part-time or modified work schedules; reassignment to
a vacant position; acquisition or modification of equipment or devices; appropriate
adjustment or modifications of examinations, training materials or policies;
provision of qualified readers or interpreters; and other similar accommodations for
individuals with disabilities.
(2) (In the context of housing under article V of this chapter) those reasonable measures
which may be necessary to afford a disabled person equal opportunity to use and
enjoy a dwelling unit, including public and common use areas.
Restaurant means any place in which food is served or is prepared for sale or service on
the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile
restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tea room;
sandwich shop, soda fountain, tavern, private club, roadside stand, industrial feeding
establishment, catering kitchen, commissary and any other private, public or nonprofit
organization or institution routinely serving food and any other eating or drinking
establishment or operation where food is served or provided for the public with or
without charge.
Respondent means any person alleged to have committed any unlawful act or violation
of this chapter.
Sexual Orientation means actual, or perceived, male or female heterosexuality,
homosexuality, or bisexuality by inclination, practice, or expression.
Subcontractor means any individual, partnership, corporation, association, or other
entity, or any combination of the foregoing which shall undertake, by virtue of a separate
contract with a contractor as defined herein, to fulfill all or any part of any contractor's
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obligation under a contract with the city, or who shall exercise any right granted to a
franchise holder, and who is an employer as herein defined.
To rent means to lease, to sublease, to let and otherwise to grant for a consideration the
right to occupy premises not owned by the occupant.
Section 3. That Section 13-3 of the Salina Code is hereby amended as follows:
Sec. 13-3. Construction.
(a) The provisions of this chapter shall be construed liberally for the accomplishment of
the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any
of the provisions of any other law of this city relating to discrimination because of
race, religion, color, sex, sexual orientation, gender identity, disability, national
origin or ancestry, unless the same is specifically repealed by this chapter.
(b) Nothing in this chapter shall be construed to mean that an employer shall be forced
to hire unqualified or incompetent personnel, or discharge qualified or competent
personnel.
Section 4. That Section 13-57 of the Salina Code is hereby amended as follows:
Sec. 13-57. Powers and duties.
The commission shall have the following functions, powers and duties:
(1) To receive, initiate, investigate and pass upon complaints alleging discrimination in
employment, public accommodations and housing because of race, religion, color,
sexual orientation, gender identity, sex, disability, national original or ancestry and
complaints alleging discrimination in housing because of familial status.
(2) To subpoena witnesses, compel their appearance and require the production for
examination of records, documents and other evidence or possible sources of
evidence and to examine, record and copy such materials, and take and record the
testimony or statements of such persons. The commission may issue subpoenas to
compel access to or the production of such materials, or the appearance of such
persons, and may issue interrogatories to a respondent to the same extent and
subject to the same limitations as would apply if the subpoena or interrogatories
were issued or served in aid of a civil action in the district court. The commission
shall have access at all reasonable times to premises and may compel such access by
application to a court of competent jurisdiction; provided that the commission first
complies with the provisions of Article 15 of the Kansas Bill of Rights and the
Fourth Amendment to the United States Constitution relating to unreasonable
searches and seizures.
(3) To hold public hearings, administer oaths, and take depositions to the same extent
and subject to the same limitations as would apply if the deposition was taken in aid
of a civil action in the district court. In case of the refusal of any person to comply
with any subpoena, interrogatory or search warrant issued hereunder, the human
relations commission may make application to the district court to compel
compliance pursuant to state law.
(4) To act in concert with other parties in interest in order to eliminate and prevent
discrimination and segregation, prohibited by this chapter, by including any term in
a conciliation agreement as could be included in a final order under this chapter.
(5) To apply to the district court for enforcement of any conciliation agreement by
seeking specific performance of such agreement.
(6) To issue such final orders after a public hearing as may remedy any existing
situation found to violate this chapter and prevent its recurrence; and, if necessary,
to seek enforcement of such final orders pursuant to federal and state law.
(7) To endeavor to eliminate prejudice among the various ethnic groups and people
with disabilities in the city and to further good will among such groups.
(8) To create such advisory agencies and conciliation councils, as in its judgment will
aid in effectuating the purposes of this chapter; to study the problem of
discrimination in all or specific fields or instances of discrimination because of race,
religion, color, sex, sexual orientation, gender identity, disability, national origin or
ancestry; to foster, through community effort or otherwise, good will, cooperation
and conciliation among the groups and elements of the population of the city; 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 city commission. Such advisory agencies and
conciliation councils shall be composed of representative citizens serving without
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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 cooperation among all elements of the population
of the city.
(9) To accept contributions from any person to assist in the effectuation of this chapter
and to seek and enlist the cooperation of private, charitable, religious, labor, civic
and benevolent organizations for the purposes of this chapter.
(10)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, sex, sexual orientation, gender identity, disability,
national origin or ancestry.
(1 1) To render each year to the city manager and to the city commission a full written
report of all of its activities and of its recommendations.
(12) To receive and accept federal funds to effectuate the purposes of this chapter and to
enter into agreements with any federal agency for such purpose.
Section 5. That Section 13-60 of the Salina Code is hereby amended as follows:
Sec. 13-60. Duties, responsibilities, and authority of human relations director.
The director shall have the following duties, responsibilities, and authority. The
administration of this chapter shall be the responsibility of the director of the human
relations department and his designated staff. The director shall promulgate procedure to
implement, expedite, and effectuate the provisions of this chapter. In addition to any
powers and responsibilities heretofore conferred in the director, the director shall have
the power and responsibility to:
(1) Seek to eliminate and prevent discrimination in employment because of race, sex,
sexual orientation, gender identity, religion, age, color, national origin, ancestry,
disability, or familial status, by employers, labor organizations, employment
agencies, or other persons, and to take other actions against discrimination because
of race, sex, sexual orientation, gender identity, religion, age, color, national origin,
ancestry, disability, or familial status, as provided herein;
(2) Effectuate the purposes of this chapter first by conference, conciliation, and
persuasion so that persons may be guaranteed their civil rights and good will
fostered;
(3) Seek cooperation from, and upon request, make technical assistance available to all
city government departments and agencies;
(4) Receive, investigate, initiate and attempt to conciliate complaints alleging
discrimination in employment, housing and public accommodations because of race,
sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry,
disability, or familial status;
(5) Pursue the goals of affirmative action implementation within municipal government
and external to municipal government through continued dialogue and technical
assistance;
(6) In conducting an investigation, the director or his staff shall have access at all
reasonable times to premises, records, documents, and other evidence or possible
sources of evidence, and may examine, record, and copy such materials and take and
record the testimony or statements of such persons as are reasonably necessary for
the furtherance of the investigation. In case of the refusal of any person to comply
with any subpoena issued by the local human relations commission, or to testify to
any matter regarding which such person may be lawfully questioned, the district
court of Saline County may, upon application of the local human relations
department, order such person to comply with such subpoena and to testify to the
extent such person could be so compelled pursuant to the provisions of subsection
(2) of section 13-57 and state. law;
(7) Request that the city attorney apply to the district court of Saline County for
temporary or permanent injunctive relief to enjoin violation of this chapter;
(8) Request that the city attorney apply to the district court of Saline County for
enforcement of any conciliation agreement by seeking specific performance of such
agreement;
(9) Attend all meetings and serve as secretary of the human relations commission;
provide necessary reports, such as agenda, minutes, and schedules of commission
meetings to the commission, to the governing body, and to the city manager; advise
the local news media of commission meetings and agenda.
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Section 6. That Section 13-71 of the Salina Code is hereby amended as follows:
Sec. 13-71. Unlawful employment practices.
(a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, age, color, sex, sexual
orientation, gender identity, disability, national origin or ancestry of any person
to refuse to hire or employ such person to bar or discharge such person from
employment or to otherwise discriminate against such person in compensation
or in terms, conditions or privileges of employment; to limit, segregate,
separate, classify or make any distinction in regards to employees; or to follow
any employment procedure or practice which, in fact, results in discrimination,
segregation or separation without a valid business necessity.
(2) For a labor organization, because of the race, religion, age, color, sex, sexual
orientation, gender identity, disability, national origin or ancestry of any
person, to exclude or to expel from its membership such person or to
discriminate in any way against any of its members or against any employer or
any person employed by an employer.
(3) 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, age, color, sex, sexual
orientation, gender identity, disability, national origin or ancestry, or any intent
to make any such limitation, specification or discrimination, unless based on a
bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to discharge,
expel or otherwise discriminate against any person because such person has
opposed any practices or acts forbidden under this chapter or because such
person has filed a complaint, testified or assisted in any proceeding under this
chapter.
(5) For an employment agency to refuse to list and properly classify for
employment or to refuse to refer any person for employment or otherwise
discriminate against any person because of such person's race, religion, age,
color, sex, sexual orientation, gender identity, disability, national origin or
ancestry; or to comply with a request from an employer for a referral of
applicants for employment if the request expresses, either directly or indirectly,
any limitation, specification or discrimination as to race, religion, color, sex,
sexual orientation, gender identity, disability, national origin or ancestry.
(6) For an employer, labor organization, employment agency, or school which
provides, coordinates or controls apprenticeship, on -the job, or other training
or retraining program, to maintain a practice of discrimination, segregation or
separation because of race, religion, age, color, sex, sexual orientation, gender
identity, disability, national origin or ancestry, in admission, hiring,
assignments, upgrading, transfers, promotion, layoff, dismissal, apprenticeship
or other training or retraining program, or in any other terms, conditions or
privileges of employment, membership, apprenticeship or training; or to follow
any policy or procedure which, in fact, results in such practices without a valid
business motive.
(7) 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
chapter, or attempt to do so.
(8) For an employer, labor organization, employment agency or joint labor-
management committee to:
a. Limit, segregate or classify a job applicant or employee in a way that
adversely affects the opportunities or status of such applicant or
employee because of the disability of such applicant or employee;
b. Participate in a contractual or other arrangement or relationship,
including a relationship with an employment or referral agency, labor
union, an organization providing fringe benefits to an employee or an
organization providing training and apprenticeship programs that has the
effect of subjecting a qualified applicant or employee with a disability to
the discrimination prohibited by this chapter;
c. Utilize standards criteria, or methods of administration that have the
effect of discrimination on the basis of disability or that perpetuate the
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discrimination of others who are subject to common administrative
control;
d. Exclude or otherwise deny equal jobs or benefits to a qualified individual
because of the known disability of an individual with whom the qualified
individual is known to have a relationship or association;
e. Not make reasonable accommodations to the known physical or mental
limitations of an otherwise qualified individual with a disability who is
an applicant or employee, unless such employer, labor organization,
employment agency or joint labor-management committee can
demonstrate that the accommodation would impose an undue hardship
on the operation of the business thereof,
f. Deny employment opportunities to a job applicant or, employee who is
an otherwise qualified individual with a disability, if such denial is based
on the need to make reasonable accommodation to the physical or mental
impairments of the employee or applicant;
g. Use qualification standards, employment tests or other selection criteria
that screen out or tend to screen out an individual with a disability or a
class of individuals with disabilities unless the standard, test or other
selection criteria, as used, is shown to be job-related for the position in
question and is consistent with business necessity; or
h. Fail to select and administer tests concerning employment in the most
effective manner to ensure that, when such test is administered to a job
applicant or employee who has a disability that impairs sensory, manual
or speaking skills, the test results accurately reflect the skills, aptitude or
whatever other factor of such applicant or employee that such test
purports to measure, rather than reflecting the impaired sensory, manual
or speaking skills of such employee or applicant (except where such
skills are the factors that the test purports to measure).
(b) It shall not be an unlawful employment practice to fill vacancies in such way as to
eliminate or reduce imbalance with respect to race, religion, age, color, sex, sexual
orientation, gender identity, disability, national origin or ancestry.
Section .7. That Section 13-72 of.the Salina Code is hereby amended as follows:
Sec. 13-72. Unlawful public accommodation practices.
It shall be an unlawful public accommodation practice:
(1) For any person, as defined herein being 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 person as covered by this chapter because of race, religion,
color, sex, sexual orientation, gender identity, disability, national origin or ancestry,
except where a distinction because of sex is necessary because of the intrinsic nature
of such accommodation.
(2) For any person, whether or not specifically enjoined from discriminating under any
provisions of this chapter, to aid, abet, incite, compel or coerce the doing of any of
the acts forbidden under this chapter, or to attempt to do so.
(3) For any person, to refuse, deny, make a distinction, directly or indirectly, or
discriminate in any way against persons because of the race, religion, color, sex,
sexual orientation, gender identity, disability, national origin or ancestry of such
persons in the full and equal use and enjoyment of the services, facilities, privileges
and advantages of any institution, department or agency of the State of Kansas. or
any political subdivision or municipality thereof.
(4) Nothing in this chapter shall prohibit a religious organization, association or society,
or any nonprofit institution or organization operated, supervised, or controlled by or
in conjunction with a religious organization, association, or society, from limiting its
offerings of goods, services, facilities, and accommodations, to persons of the same
religion, or from giving preference to such persons, provided that such offerings
above mentioned are not, in fact, offered for commercial purposes.
Section 8. That Section 13-101 of the Salina Code is hereby amended as follows:
Sec. 13-101. Unlawful discriminatory housing practices.
Subject to the provisions of section 13-104 and amendments thereto, it shall be unlawful
for any person:
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(1) To refuse to sell or rent after the making of a bona fide offer, to fail to transmit a
bona fide offer or refuse to negotiate in good faith for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person because of race,
religion, color, sex, sexual orientation, gender identity, disability, familial status,
national origin or ancestry.
(2) To discriminate against any person in the terms, conditions or privileges of sale or
rental of a dwelling, or in the provision of services or facilities in connection
therewith, because of race, religion, color, sex, sexual orientation, gender identity,
disability, familial status, national origin or ancestry.
(3) To make, print, publish, disseminate or use, or cause to be made, printed, published,
disseminated or used, any notice, statement, advertisement or application, with
respect to the sale or rental of a dwelling that indicates any preference, limitation,
specification or discrimination based on race, religion, color, sex, sexual orientation,
gender identity, disability, familial status, national origin or ancestry, or an intention
to make any such preference, limitation, specification or discrimination.
(4) To represent to any person because of race, religion, color, sex, sexual orientation,
gender identity, disability, familial status, national origin or ancestry that any
dwelling is not available for inspection, sale or rental when such dwelling is in fact
so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
representation regarding the entry or prospective entry into the neighborhood of a
person or persons of a particular race, religion, color, sex, sexual orientation, gender
identity, disability, familial status, national origin or ancestry.
(6) To deny any person access to or membership or participation in any multiple -listing
service, real estate brokers' organization or other service, organization or facility
relating to the business of selling or renting a dwelling, or to discriminate against
such person in the terms or conditions of such access, membership or participation,
because of race, religion, color, sex, sexual orientation, gender identity, disability,
familial status, national origin or ancestry.
(7) To discriminate against any person in such person's use or occupancy of a dwelling
because of the race, religion, color, sex, sexual orientation, gender identity,
disability, familial status, national origin or ancestry of the people with whom such
person associates.
(8) (a) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a disability of:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is sold,
rented or made available; or
3. Any person associated with that buyer or renter.
(b) To discriminate against any person in the terms, conditions or privileges of sale
or rental of a dwelling or in the provision of services or facilities in connection
with such dwelling because of a disability of.
1. That person;
2. A person residing in or intending to reside in that dwelling after it is so sold,
rented or made available; or
3. Any person associated with that person.
(c) For purposes of this subsection (8), discrimination includes:
1. A refusal to permit, at the expense of the person with a disability, reasonable
modifications of existing premises occupied or to be occupied by such
person if such modifications may be ,necessary to afford such person full
enjoyment of the premises; except that, in the case of a rental, the landlord
may where it is reasonable to do so, condition permission for a modification
on the renter agreeing to restore the interior of the premises to the condition
that existed before the modification, reasonable wear and tear excepted;
2. A refusal to make reasonable accommodations in rules, policies, practices or
services, when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling; or
3. In connection with the design and construction of covered multifamily
dwellings for first occupancy on and after February 15, 1992, a failure to
design and construct such dwelling in such a manner that:
(i) The dwellings have at least one building entrance on an accessible route,
unless it is impractical to do so because of the terrain or unusual
characteristics of the site.
(ii) With respect to dwellings with a building entrance on an accessible route:
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(a) The public use and common use portions of such dwellings are
readily accessible to and usable by persons with disabilities;
(b) All the doors designed to allow passage into and within all premises
within such dwellings are sufficiently wide to allow passage by
persons with disabilities who are in wheelchairs; and
(c) All premises within such dwellings contain the following features of
adaptive design:
(1) An accessible route into and through the dwelling;
(2) Light switches, electrical outlets, thermostats' and other
environmental controls in accessible locations;
(3) Reinforcements in bathroom walls to allow later installation of
grab bars; and
(4) Usable kitchens and bathrooms such that an individual in a
wheelchair can maneuver about the space.
(d) Compliance with the appropriate requirements of the American national standard
for buildings and facilities providing accessibility and usability for physically
handicapped people, commonly cited as "ANSI A117.1", suffices to satisfy the
requirements of subsection (8)c.3.(ii)(c).
(e) As used in this subsection (8), "covered multifamily dwellings" means:
1. Buildings consisting of four (4) or more units if such buildings have one (1)
or more elevators; and
2. Ground floor units in other buildings consisting of four (4) or more units.
(f) Nothing in this chapter shall be construed to invalidate or limit any state. law or
ordinance that requires dwellings to be designed and constructed in a manner
that affords persons with disabilities greater access than is required by this
chapter.
(g) Nothing in this subsection (8) requires that a dwelling be made available to an
individual whose tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial physical
damage to the property of others.
Section 9. That Section 13-102 of the Salina Code is hereby amended as follows:
Sec. 13-102. Real estate transactions.
(a) It shall be unlawful for any person or other entity whose business includes engaging
in real estate related transactions to discriminate against any person making
available such a transaction, or in the terms or conditions of such a transaction,
because of the race, religion, color, sex, sexual orientation, gender identity,
disability, familial status, national origin or ancestry of such person or of any person
associated with such person in connection with any real estate related transaction.
(b) As used in this section, "real estate related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing or maintaining a
dwelling; or
b. Secured by residential real estate.
(2) The selling, brokering or appraising of residential real property.
(c) Nothing in this section prohibits a person engaged in the business of furnishing
appraisals of real property to take into consideration factors other than race, religion,
color, sex, sexual orientation, gender identity, disability, familial status, national
origin or ancestry.
Section 10. That Section 13-104 of the Salina Code is hereby amended as follows:
Sec. 13-104. Limitations.
(a) Nothing in this chapter shall prohibit a religious organization, association or
society, or any nonprofit 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 dwellings which it owns or
operates for other than a commercial purpose to persons of the same religion, or
from giving preference to such persons, unless membership in such religion is
restricted on account of race, color, sexual orientation, gender identity, national
origin or ancestry. 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
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purpose, from limiting the rental or occupancy of such lodgings to its members or
from giving preference to its members.
(b) Nothing in this chapter, other than the prohibitions against discriminatory
advertising as provided in subparagraph (3) of section 13-101, and amendments
thereto, shall apply to:
(1) The sale or rental of any single-family house by an owner, provided the
following conditions are met:
a. The owner does not own or have any interest in more than three (3) single-
family houses at any one (1) time; and
b. The house is sold or rented without the use of a real estate broker, agent or
salesperson or the facilities of any person in the business of selling or renting
dwellings. If the owner selling the house does not reside in it at the time of
the sale or was not the most recent resident of the house prior to such sale,
the exemption in this subsection applies to only one (1) such sale in any
twenty -four-month period; or
(2) Rooms or units in buildings containing living quarters occupied or intended to
be occupied by no more than four (4) families living independently of each
other, if the owner actually maintains and occupies one (1) of such living
quarters as the owner's residence.
(c) (1) Nothing in this chapter limits the applicability of any reasonable local, state, or
federal restrictions regarding the maximum number of occupants permitted to
occupy a dwelling. Nor does any provision in this chapter regarding familial
status apply with respect to housing for older persons.
(2) As used in this subsection "housing for older persons" means housing:
a. Provided under any state. or federal program that the Secretary of the United
States Department of Housing and Urban Development determines is
specifically designed and operated to assist elderly persons (as defined in the
state or federal program); or
b. Intended for, and solely occupied by, persons sixty-two (62) years of age or
older; or
c. Intended and operated for occupancy by at least one person fifty-five (55)
years of age or older per unit. In determining whether housing qualifies as
housing for older persons under this subsection the following factors must
also be present:
(i) The existence of significant facilities and services specifically designed
to meet the physical or social needs of older persons, or if the provision
of such facilities and services is not practicable, that such housing is
necessary to provide important housing opportunities for older persons;
and
(ii) That at least eighty (80) percent of the units are occupied by at least one
person fifty-five (55) years of age or older per unit; and
(iii) The publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons fifty-five (55) years of age or older.
(3) Housing shall not fail to meet the requirements for housing for older persons by
reason of:
a. Persons residing in such housing as of the date of enactment of this act who
do not meet the age requirements of subsections (c)(2)b. or c.; provided, that
new occupants of such housing meet the age requirements of sections
(c)(2)b. or c.; or
b. Unoccupied units; provided, that such units are reserved for occupancy by
persons who meet the age requirements of subsections (c)(2)b. or c.
(d) Nothing in this chapter prohibits conduct against a person because such person has
been convicted two (2) or more times by any court of competent jurisdiction of the
illegal manufacture or distribution of a controlled substance as defined in section 102
of the federal controlled substances act (21 U.S.C. 802).
Section 11. That Section 13-112 of the Salina Code is hereby amended as follows:
Sec. 13-112. Election for civil action.
(a) After the commission has issued a notice of conciliation failure pursuant to section
13-111 of this article, in cases other than those alleging unlawful conduct on the
basis of sexual orientation or gender identity, the complainant, the respondent, or
the commission may elect to have the claims and issues asserted in the reasonable
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grounds determination decided in a civil action commenced and maintained by the
commission.
(1) An election for a civil action under this subsection shall be made no later than
twenty (20) days after an electing complainant or respondent receives ,the
notice of conciliation failure, or if the commission makes the election, not
more than twenty (20) days after the notice of conciliation failure is issued. A
complainant or respondent who makes an election for a civil action pursuant
to this subsection shall give notice to the commission. If the commission
makes an election, it shall notify all complainants and respondents of the
election.
(2) If an election is made under this subsection, no later than sixty (60) days after
the election is made the commission shall commence a civil action in the
federal district court in its own name on behalf of the complainant. In such an
action, the commission shall be represented by an attorney employed by the
commission.
(b) In a civil action brought under this section, the rights and remedies of the parties
shall be determined by applicable federal law. The relief that may be granted in
such a civil action shall include at least actual and punitive damages, injunctive
and equitable relief as provided by applicable federal law.
Section 12. That Section 13-131 of the Salina Code is hereby amended as follows:
Sec. 13-131. Required contract provisions. '
(a) Every contract for or on behalf of the city or any agency thereof, for construction,
alteration or repair of any public building or public work or for the acquisition of
materials, equipment, supplies, or services, shall contain provisions by which the
contractor and any subcontractors agree that:
(1) The contractor and any subcontractors shall observe the provisions of this
chapter and the Kansas act against discrimination and shall not discriminate
against any person in the performance. of work under the present contract
because of race, sex, sexual orientation, gender identity, religion, age, color,
national origin, ancestry or disability;
(2) In all solicitations, or advertisements for employees, the contractor, shall
include the phrase equal opportunity employer, or a similar phrase to be
approved by the director;
(3) If the contractor is found guilty of a violation of this Chapter or the Kansas act
against discrimination under a decision or order of the commission or the
Kansas human rights commission'which has become final, the contractor shall
be deemed to have breached the present contract and it may be canceled,
terminated or suspended, in whole or in part, by the contracting agency; and
(4) The contractor shall include the provisions of subsections (a)(1) through (3) in
every subcontract or purchase order so that such provisions will be binding
upon such subcontractor or vendor.
(b) In any contract entered into by the city or any of its agencies or departments, there
shall be included a provision that during the performance of the contract, the
contractor. will not discriminate against any employee or applicant for employment
in the performance of the contract and every contractor shall include similar
provisions in all subcontracts under such person's contract with the city.
Section 13. That Section 13-134 of the Salina Code is hereby amended as follows:
Sec. 13-134. Exemptions.
The provisions of this article shall not apply to a contract entered into by a contractor:
(1) Who would not.be considered as an "employer" as defined in section 13-2;
(2) Whose contracts with the City cumulatively total $5,000 or less during the calendar
year.
Section 14. That Section 13-148 of the Salina Code is hereby amended as follows:
Sec. 13-148. Affirmative management.
(a) It shall be unlawful for the head of any department, official agent, or employee of
the city or of any department thereof acting for or on behalf of said city in any
manner involving employment by the city,. to discriminate against any person
otherwise qualified in employment or in tenure, terms or conditions of
employment, or to discriminate in promotion or increase in compensation; or to
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publish offers of or to offer employment based upon such discrimination; or to
adopt or enforce any rule or employment policy which discriminates between
employees or prospective employees; or to seek information relating to age, race,.
sex, sexual orientation, gender identity, religion, color, national origin, ancestry or
disability from any person or employee, as a condition of employment, tenure,
terms or in connection with conditions of employment, promotion or increase in
compensation unless such information is demonstrably valid as being as essential
qualification, or to discriminate in the selection of personnel for training.
(b) The directors will work closely with each department head in the following areas:
(1) Classification plan. Analyze and restructure where justified to provide
maximum opportunity for applicants to qualify for employment, as well as, for
employees to advance.
(2) Staff orientation. Initiate programs to assure that all personnel responsible for
selection and supervision are award of and provided with training to develop
skill in implementing the affirmative action program.
(3) Idents areas for concentrated efforts. The directors shall develop statistical
information relative to the utilization of minorities, females and disabled in all
departments of the city, identify areas of deficiency, and develop goals and
methods for correcting such deficiencies.
Section 15. That existing sections 13-1, 13-2, 13-3, 13-57; 13-60, 13-71, 13-72, 13-101, 13-
102, 13-104, 13-131, 13-132, 13-133, and 13-148 are hereby repealed.
Section 16. That the amendments set forth in Sections 1 through 14 above and the repealer set
forth in Section 15 above shall be effective commencing June 4, 2012.
Section 17. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
G�CP_�e'
Shands Wicks, CMC, Deputy City Clerk
Introd ed: May 14, 2012
Pas :May 21, 2012
N rman M. J ngs, Mayor