Disability Law Summaries
Kansas, Disability Law Summaries
Kansas has several laws dealing with disability discrimination in employment. The Kansas Act Against Discrimination, the state's fair employment practices law, prohibits discrimination in employment on the basis of disability, among other factors. This law covers public and private employers employing four or more persons and is codified in the Kansas Statutes Annotated at Chapter 44, Article 10, is summarized beginning at ¶17-2500 .
The full text of Kansas' Act Against Discrimination is available beginning at Employment Practices Guide ¶17-20,025.01 .
Kansas also has two laws that specifically prohibit disability discrimination in state employment. Both of these laws are summarized below. The laws are codified in the Kansas Statutes Annotated at Chapter 39, Article 11, and Chapter 75, Article 29. The latter of the two laws is known as the Kansas Civil Service Act.
The full text of the Kansas Civil Service Act is available beginning at Employment Practices Guide ¶17-20,027.25 .
The laws mentioned above also contain provisions related to accessibility, transportation and housing. Additional disability provisions related accessibility are located at Chapter 58, Article 13.
Interaction of disability laws.- State or local disability laws that provide protection that is greater than or equivalent to that of the Americans with Disabilities Act are not nullified by the Act, and neither are laws that provide less protection than the ADA. However, if either law provides less protection than the other, the law with the lesser standard cannot be used as a defense to the law with the higher standard.
Before making any decisions that will affect people with disabilities, it is important that state laws be compared with the ADA and the Rehabilitation Act of 1973. A person with a disability may prefer to file charges under a state law with fewer protections if that state law has greater remedies than the ADA.
DEFINITIONS
“Assistance dog” means any guide dog, hearing assistance dog or service dog. The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual's disability and therefore does not qualify the dog as an assistance dog covered under this law (Sec. 39-1113, (Ch. 64 (H. 2197), L. 2003).
“Guide dog” means a dog that has been specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds (Sec. 39-1113, Ch. 64 (H. 2197), L. 2003).
“Hearing assistance dog” means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds (Sec. 39-1112, Ch. 64 (H. 2197), L. 2003).
“Professional therapy dog” means a dog that is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities. “Professional therapy dog” does not include dogs, certified or not, that are used by volunteers for pet visitation therapy (Sec. 39-1113, Ch. 64 (H. 2197), L. 2003).
“Service dog” means a dog that has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: pulling wheelchairs, lending balance support, picking up dropped objects, or providing assistance in, or to avert, a medical crisis, or to otherwise mitigate the effects of a disability (Sec. 39-1113, Ch. 64 (H. 2197), L. 2003).
The following definitions apply to the Kansas Civil Service Act.
“Nonmerit reason” includes any reason specifically based on physical disability where physical disability does not constitute a bona fide occupational qualification necessary to proper and efficient administration (Sec. 75-2926).
ACCESSIBILITY
Public accommodations.- Individuals with disabilities are entitled to equal access to hotels, lodging places, food service establishments, resort facilities, other places of accommodation, and any other places to which the general public is invited (Sec. 39-1101, as amended by H. 2197, L. 2003).
It is an unlawful discriminatory practice for any place of public accommodation to refuse, deny or make a distinction in offering its goods, services, facilities, and accommodations to any person because of physical disability (Sec. 44-1009(b)(1), as amended by S.B. 22, L. 1999).
Facilities. Individuals with disabilities have the same right as those without disabilities to the full and free use of the streets, highways, sidewalks, walkways, and public buildings and facilities (Sec. 39-1101, as amended by H. 2197, L. 2003).
Public buildings.- All public buildings and facilities in the state must conform to the American National Standards Institute specifications for making buildings accessible to, and usable by, individuals with disabilities. The person or entity undertaking the construction or renovation of a building or facility may apply for a waiver when meeting the ANSI standards if the standards are unreasonable or impractical in that they would defeat the purpose of the renovation or construction (Sec. 58-1301 and 58-1307).
Symbol of accessibility.- The international symbol of accessibility must be permanently displayed at the entrance to buildings and facilities that are in compliance with the ANSI standards (Sec. 58-1306).
Enforcement.- Any person, firm, or corporation who denies or interferes with the exercise of the rights recognized in Secs. 39-1101, 39-1102, 39-1107, 39-1108 or 39-1109, is guilty of a misdemeanor (Sec. 39-1103, as amended by H. 2197, L. 2003).
Service animals.- Every legally blind person has the right to be accompanied by a guide dog, specially selected, trained and tested for the purpose, in or upon any of the places listed in Sec. 39-1101 (above) without being required to pay an extra charge for the guide dog, but the individual is liable for any damage caused by the dog (Sec. 39-1102, as amended by H. 2197, L. 2003).
Hearing-impaired individuals. Every hearing-impaired person has the right to be accompanied by a hearing assistance dog, specially selected, trained and tested for the purpose of hearing assistance, in or upon any of the places listed in Sec. 39-1101 (above), without being required to pay extra charge for the dog. However, the hearing impaired individual is liable for any damage caused by the dog (Sec. 39-1107, as amended by H. 2197, L. 2003).
Individuals with disabilities.- Every person with a disability has the right to be accompanied by a service dog, specially selected, trained and tested for that purpose, which includes pulling a wheelchair, opening doors, and picking up objects, in or upon any of the places listed in Sec. 39-1101, without being required to pay an extra charge for the service dog (Sec. 39-1108, as amended by H. 2197, L. 2003).
Trainers.- Any professional trainer, from a recognized training center, of an assistance dog, while engaged in the training of such dog, shall have the right to be accompanied by such dog in or upon any of the places listed in Sec. 39-1101 (see above and below), without being required to pay an extra charge for such dog. Such trainer shall be liable for any damage done to the premises of facilities by such dog (Sec. 39-1109, as amended by H. 2197, L. 2003).
Qualified handlers of professional therapy dogs.- Any qualified handler of a professional therapy dog when accompanied by such dog and when using any conveyance of public transportation available to all members of the general public, and when renting and using accommodations in motels, hotels and other temporary lodging places shall have the right to be accompanied by such dog in such places. Any owner or employee of a business or retail establishment to which the public is invited, including establishments which serve or sell food, shall admit a professional therapy dog, accompanied by its qualified handler, to the business. The handler shall be liable for any damage done by the dog to any such conveyance or facility (Sec. 39-1110, Ch. 64 (H. 2197), L. 2003).
Identification cards/letters.- If a question arises as to whether an assistance dog qualifies to accompany a person with a disability in or upon any place set forth in Sec. 39-1101 (see above and below), the person with a disability may produce for the employee or person responsible for such place an identification card or letter conforming to the requirements of this subsection. Upon production of such identification card or letter, the assistance dog shall be allowed to accompany the person with a disability in or upon such place (Sec. 39-1111(a), Ch. 64 (H. 2197), L. 2003).
If the assistance dog has been trained by a training facility, school or trainer, the identification card or letter shall be provided by the training facility, school or trainer that trained the dog and shall contain the following information: (1) the legal name of the dog's user; (2) the name, address and telephone number of the facility, school or trainer who trained the dog; (3) whether the dog is designated as a guide, hearing assistance or service dog; and (4) a picture or digital photographic likeness of the dog user and the dog. If a card is used, the picture or digital photographic likeness shall be on the card. If a letter is used, the picture or digital photographic likeness shall either be printed as a part of the letter of be affixed to the letter (Sec. 39-1111(a)(1), Ch. 64 (H. 2197), L. 2003).
If the assistance dog has been trained by the person using the dog, the identification card or letter shall contain the following information: (1) the legal name of the dog's user; (2) the dog user's address; (3) a statement that the dog has been trained to mitigate the dog user's disability; and (4) a picture or digital photographic likeness of the dog user and the dog. If a card is used, the picture or digital photographic likeness shall be on the card. If a letter is used, the picture or digital photographic likeness shall either be printed as a part of the letter or be affixed to the letter (Sec. 39-1111(a)(2), Ch. 64 (H. 2197), L. 2003).
If a question arises as to whether a dog handler is qualified, or whether the dog accompanying the handler is qualified as a professional therapy dog, to enter in or upon the places set forth in Sec. 8, H. 2197, L. 2003 (above), an employee or person responsible for such places may request, and the handler shall produce, an identification card or letter, provided by the training facility, school or trainer who trained the dog (Sec. 39-1111(b), Ch. 64 (H. 2197), L. 2003).
If a question arises as to whether an individual accompanied by a dog is a professional trainer, from a recognized training center, of an assistance dog, in order to enter in or upon a place set forth in Sec. 39-1101 (above and below), an employee or person responsible for such place may request, and the trainer shall produce, an identification card provided by the recognized training center (Sec. 39-1111(c), Ch. 64 (H. 2197), L. 2003).
EMPLOYMENT
Public employment.- The blind, the visually handicapped and persons who are otherwise physically disabled shall be employed in the service of the state, political subdivisions of the state, the public schools and in all other employment supported by public funds, on the same terms and conditions as those without disabilities (Sec. 39-1105).
Additionally, the Kansas Civil Service Act provides that all personnel administration actions regarding employees in the state classified service must be made without regard to nonmerit factors, and must not be based on physical disability (Sec. 75-2925).
Exceptions. The state is not required to employ persons with disabilities on the same terms as persons without disabilities if a particular disability prevents the performance of the work involved (Sec. 39-1105).
Additionally, under the Kansas Civil Service Act, a personnel administration action regarding an employee in the state classified service may be based on disability where physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration (Sec. 75-2925).
Testing. The Kansas Civil Service Act provides that in competitive civil service examinations, no standards or requirements may be set with reference to physical condition, except those that relate directly to the duties of the job to be filled. Persons under a physical disability, so as not to make them ineligible by reason of the disability, must be examined in a manner that will fairly test their ability to perform the duties of the position, notwithstanding physical disability (Sec. 75-2939).
The Kansas Civil Service Act provides that the Director of Personnel Services may refuse to examine an applicant, or after examination may refuse to certify an applicant as eligible, who has a physical disability such that he or she would be unable to properly perform the duties of the position to which the applicant seeks appointment (Sec. 75-2940).
State agencies. All state agencies are required to make certain a strong program prohibiting discrimination and harassment on account of disability status. The program is to include training, and a prompt and confidential method for expressing complaints and an affirmative action plan (Executive Order 07-24, signed Aug. 31, effective immediately)
Enforcement.- The State Civil Service Board has the responsibility of enforcing the Kansas Civil Service Act (Sec. 75-2929a). Orders of the board may be appealed in the district court (Sec. 75-2929h).
Penalties. Any person who willfully violates any provisions of the Kansas Civil Service Act is guilty of a misdemeanor, and shall upon conviction be punished by a fine of not to exceed $500, or by imprisonment for a term not exceeding six months, or by both fine and imprisonment (Sec. 75-2957).
Any person who is convicted of a misdemeanor under the Kansas Civil Service Act shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service, and if he or she is an officer or employee of the state, shall forfeit office or position (Sec. 75-2958).
TRANSPORTATION
Individuals with disabilities are entitled to full equal accommodations and privileges of all (Sec. 39-1101, as amended by Ch. 64 (H. 2197), L. 2003):
Common carriers;
Airplanes;
Motor vehicles;
Railroads;
Motor buses;
Street cars;
Boats; or
Any other public conveyances or modes of transportation.
Service animals.- Every legally blind person has the right to be accompanied by a guide dog, specially selected, trained and tested for the purpose, in or upon any form of public transportation. No individual may be required to pay extra for the dog, but the individual is liable for any damage caused by the dog (Sec. 39-1102, as amended by H. 2197, L. 2003).
Individuals with disabilities.- Every person with a disability has the right to be accompanied by a service dog, specially selected, trained and tested for the purpose, which includes pulling a wheelchair, opening doors, and picking up objects. The animal may accompany the individual on any mode of public transportation (Sec. 39-1108, as amended by Ch. 64 (H. 2197), L. 2003).
See also ACCESSIBILITY above.
HOUSING
It is unlawful for any person to discriminate against an individual in the terms, conditions or privileges of sale or rental of real property, or in the provision of services or facilities in connection therewith, on the basis of disability (Sec. 44-1016).
It is unlawful for any person to make, print, publish, disseminate or use any notice, statement, advertisement or application, with respect to the sale or rental of real property that indicates any preference, limitation, specification or discrimination based on disability (Sec. 44-1016).
Service animals.- Every person who is legally blind has the right to be accompanied by a guide dog specially selected, trained and tested for the purpose, in the acquisition and use of rental, residential housing, and in the purchase and use of residential housing without being required to pay an extra charge for the dog. However, the individual is liable for any damage caused by the dog (Sec. 39-1102, as amended by Ch. 64 (H. 2197), L. 2003).
Enforcement.- Any person aggrieved by an unfair housing practice may file a complaint with the Human Rights Commission within one year after the alleged discriminatory housing practice occurred. The commission or the attorney general may file a complaint (Sec. 44-1019, as amended by Ch. 5 (S. 15), L. 2001, effective July 1, 2001).
If the commission determines that a local fair housing ordinance is substantially equivalent to the rights and remedies provided in the act against discrimination, the commission shall refer the compliant to the appropriate local agency (Sec. 44-1019, as amended by Ch. 5 (S. 15), L. 2001, effective July 1, 2001).
Investigation and conciliation.- If a complaint is not referred to a local agency, the commission shall commence an investigation in the manner provided the employment enforcement provisions (see above). The commission is to complete the investigation, including conciliation, within 100 days after the filing of the complaint (Sec. 44-1019, as amended by Ch. 5 (S. 15), L. 2001, effective July 1, 2001).
Hearing.- If conciliation is not successful, the commission will prepare a written complaint and a hearing will be held (Sec. 44-1019, as amended by Ch. 5 (S. 15), L. 2001, effective July 1, 2001).
At the conclusion of the hearing, if the commission finds that a person has engaged or is engaging in any unlawful housing practice the commission shall render an order requiring the person to cease and desist from such discriminatory housing practice. The order may direct the person to take such affirmative action, including, but not limited to (Sec. 44-1019, as amended by Ch. 5 (S. 15), L. 2001, effective July 1, 2001):
the selling or renting of specified real property;
the lending of money for the acquisition, construction, rehabilitation, repair or maintenance of real property;
an award of actual damages.
Penalties.- In addition to the affirmative action, the commission may access civil penalties against the person (Sec. 44-1019, as amended by Ch. 5 (S. 15), L. 2001, effective July 1, 2001):
in an amount not exceeding $10,000, for the first offense;
in an amount not exceeding $25,000, for the second offense during a five-year period;
in an amount not exceeding $50,000, for two or more offenses during a seven-year period.
<p>Penalties.— In addition to the affirmative action, the commission may access civil penalties against the person (Sec. 44-1019, as amended by Ch. 5 (S. 15), L.</p>