44-1002. Definitions. When used in this act:
(a) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal
representatives, trustees, trustees in bankruptcy or receivers.
(b) "Employer" includes any person in this state employing four 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 state of Kansas
include a nonprofit fraternal or social association or corporation.
(c) "Employee" does not include any individual employed by such individual's parents, spouse or child or in
the domestic service of any person.
(d) "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.
(e) "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) "Commission" means the Kansas
(g) "Unlawful employment practice" includes only those unlawful practices and acts specified in K.S.A. 44-
1009 and amendments thereto and includes segregate or separate.
(h) "Public accommodations" means 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.
(i) "Unlawful discriminatory practice" means: (1) Any discrimination against persons, by reason of their race,
religion, color, sex, disability, national origin or ancestry:
(A) In any place of public accommodations; or
(B) 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
(2) any discrimination against persons in regard to membership in a nonprofit recreational or social
association or corporation by reason of race, religion, sex, color, disability, national origin or ancestry if such
association or corporation has 100 or more members and: (A) Provides regular meal service; and (B) receives
payment for dues, fees, use of space, use of facility, services, meals or beverages, directly or indirectly, from or on
behalf of nonmembers.
This term shall not apply to a religious or private fraternal and benevolent association or corporation.
(j) "Disability" means, with respect to an individual:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of such
individual;
(2) a record of such an impairment; or
(3) being regarded as having such an impairment by the person or entity alleged to have committed the
unlawful discriminatory practice complained of.
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.
(k) "Reasonable accommodation" means:
(1) Making existing facilities used by employees readily accessible to and usable by individuals with
disabilities; and
(2) 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.
(l) "Regarded as having such an impairment" means the absence of a physical or mental impairment but
regarding or treating an individual as though such an impairment exists.
(m) "Genetic screening or testing" means a laboratory test of a person's genes or chromosomes for
abnormalities, defects or deficiencies, including carrier status, that are linked to physical or mental disorders or
impairments, or that indicate a susceptibility to illness, disease or other disorders, whether physical or mental,
which test is a direct test for abnormalities, defects or deficiencies, and not an indirect manifestation of genetic
disorders.
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