K.S.A. » Chapter 44

K.S.A. § 44-1001

Title of act; declaration of state policy and purpose

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44-1001. Title of act; declaration of state policy and purpose. This act shall be known as the Kansas act against discrimination. It shall be deemed an exercise of the police power of the state for the protection of the public welfare, safety, health and peace of the people of this state. The practice or policy of discrimination against individuals in employment relations, in relation to free and public accommodations, in housing by reason of race, religion, color, sex, disability, national origin or ancestry or in housing by reason of familial status is a matter of concern to the state, since such discrimination threatens not only the rights and privileges of the inhabitants of the state of Kansas but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the policy of the state of Kansas to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation, or separation in all places of public accommodations covered by this act, and to eliminate and prevent discrimination, segregation or separation in housing.

It is also declared to be the policy of this state to assure equal opportunities and encouragement to every citizen regardless of race, religion, color, sex, disability, 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, to assure equal opportunities to all persons within this state to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, religion, color, sex, disability, familial status, 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 act 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 act to establish and to provide a state commission having power to eliminate and prevent segregation and discrimination, or separation in employment, in all places of public accommodations covered by this act, in housing because of race, religion, color, sex, disability, national origin or ancestry and in housing because of familial status, either by employers, labor organizations, employment agencies, realtors, financial institutions or other persons as hereinafter provided.

History: L. 1953, ch. 249, § 1; L. 1961, ch. 248, § 1; L. 1963, ch. 279, § 1; L. 1965, ch. 323, § 1; L. 1972, ch. 194, § 1; L. 1974, ch. 209, § 1; L. 1991, ch. 147, § 1; July 1.

Notes of Decisions
Cited in 233 cases (19 in the last 5 years), 1973–2026 · leading case: Garcia-Paz v. Swift Textiles, Inc.
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Garcia-Paz v. Swift Textiles, Inc. (1995) ksd · cites it 4× “, as amended, the Kansas Act Against Discrimination [KAAD], K.S.A. § 44-1001 et seq., and the Americans With Disabilities Act [ADA], 42 U.”
Woods v. Midwest Conveyor Co. (1982) kan · cites it 4× “Initially, the complainant must present a prima facie case of discrimination. *768 Then the burden of going forward with the evidence shifts to respondent and this burden may be discharged by evidence of a legitimate, nondiscriminatory reason for respondent's conduct.”
Holler v. Cinemark USA, Inc. (2002) ksd · cites it 8× “Cinemark argues that plaintiffs negligence per se claim fails for the following reasons: (1) plaintiff has not specified any particular statutory violation in his complaint; (2) K.S.A. § 44-1001 and K.S.A. § 44 — 1009(c)(1) cannot provide the basis for plaintiffs claim of…”
Spraque v. Thorn Americas, Inc. (1997) ca10 · cites it 2× “Plaintiff-appellant Shelley Sprague brought the present action against defendants, alleging gender discrimination and sexual harassment in violation of Title VII and the Kansas Acts Against Discrimination, K.S.A. § 44-1001, et seq, constructive and retaliatory discharge, breach…”
Parker v. Kansas Neurological Institute (1989) kanctapp · cites it 5× “KNI’s motion for summary judgment was granted, from which Parker now appeals. We reverse.”
Schweitzer-Reschke v. Avnet, Inc. (1995) ksd · cites it 4× “(“Title VII”), and the Kansas Acts Against Discrimination, K.S.A. § 44-1001 et seq. (“KAAD”), against the defendants Avnet Inc.”
Harris v. Board of Public Utilities of Kansas City (1991) ksd · cites it 4× “See K.S.A. §§ 44-1001, et seq. In Tarr v. Riberglass, Inc.”
Mary J. BEST, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee (1991) ca10 · cites it 4× “[The plaintiffTem-ployee] could not, however, assert the claims for actual damages (including pain, suffering and humiliation) in excess of $2,000 and punitive damages, nor could she have received de novo review of the action in district court with or without a jury.”
Swackhammer v. Sprint/United Management Co. (2007) ca10 “, and the Kansas Act Against Discrimination (“KAAD”), Kan. Stat. Ann. § 44-1001 et seq. 7 She did not offer direct evidence of discrimination, but instead invoked the burden-shifting framework from McDonnell Douglas and attempted to establish an inference of discrimination from…”
Proctor v. United Parcel Service (2007) ca10 “Proctor alleged that UPS violated both the ADA and the Kansas Act Against Discrimination, Kan. Stat. Ann. § 44-1001 et seq., when it denied his request for a reasonable accommodation for his disability.”
Rebarchek v. FARMERS CO-OP ELEVATOR & MERCANTILE ASS'N OF DIGHTON (2001) kan · cites it 2× “The Court of Appeals' comments are concise and correct: "Our Supreme Court has recognized that, in the context of discriminatory acts covered by the Kansas Acts Against Discrimination, K.S.A. 44-1001 etseq., events predating the period of limitations may provide a basis for…”
Xiangyuan Zhu v. Federal Housing Finance Board (2005) ksd · cites it 4× “The Kansas Acts Against Discrimination, K.S.A. § 44-1001 et seq. (“KAAD”), and its implementing regulations, require a complaint to be signed by the complainant, formally filed with the KHRC as a complaint, and verified under oath.”
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— K.S.A. § 44-1001(j)(l) — 1 case
Seaman Unified School District No. 345 v. Kansas Commission on Human Rights (1999) kanctapp
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