44-1113. Unlawful employment practices based on age.
44-1113
44-1113. Unlawful employment practices based on age.(a) It is an unlawful employment practice based on age to engage in anyof the following acts in any manner which would limit, deprive or tend todeprive any person of employment opportunities or otherwise adversely affectthe person's status as an employee or applicant for employment:
(1) For an employer, because of the ageof a person, to refuseto hire or employ the person, to bar or discharge the person from employmentor to otherwise discriminate against the person in compensation or interms, conditions or privileges of employment; to limit, segregate,separate, classify or make any distinction in regard toemployees because of age without a validbusiness motive.
(2) For an employer to reduce the wage rate of any employee inorder to comply with the Kansas age discrimination in employment act.
(3) For a labor organization, because of theage of a person, toexclude or to expel the person from its membership or to discriminatein any way against any of its members or against any employer or anyperson employed by an employer because of age.
(4) For any employer, employment agency or labor organization toprint or circulate or cause to be printed or circulated any statement,advertisement or publication, or to use any form of application foremployment or membership or to make any inquiry in connection withprospective employment or membership, which expresses, directly orindirectly, any limitation, specification or discrimination as toage, orany intent to make any such limitation, specification or discrimination.
(5) For any employer, employment agency or labor organization todischarge, expel or otherwise discriminate against any person because the personhas opposed any practices or acts forbidden under this act orhas filed a complaint, testified or assisted in any proceeding underthis act.
(6) For an employment agency to refuse to list and properly classifyfor employment or to refuse to refer any person for employment orotherwise discriminate against any person because ofage to complywith a request from an employer for a referral of applicants foremployment if the request expresses, either directly or indirectly, anylimitation, specification or discrimination as to age.
(7) For an employer, labor organization, employment agency orschool which provides, coordinates or controls apprenticeship,on-the-job or other training or retraining program, to maintain apractice of discrimination, segregation or separation because ofage, inadmission, hiring, assignments, upgrading, transfers, promotion, layoff,dismissal, apprenticeship or other training or retraining program, or inany 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.
(8) For any person, whether an employer or an employee or not, toaid, abet, incite, compel or coerce the doing of any of the actsforbidden under this act, or attempt to do so.
(9) For an employer, employment agency, labor organization or anycombination thereof to establish or maintain an employee pension benefitplan which requires or permits:
(A) In the case of a benefit plan, the cessation of an employee'sbenefit accrual or the reduction of the rate of an employee's benefitaccrual, because of age; or
(B) in the case of a contribution plan, the cessation of allocations toan employee's account or the reduction of the rate at which amounts areallocated to an employee's account, because of age.
Nothing in this subsection (a)(9) shall be construed to prohibit anemployer, employment agency or labor organization or any combinationthereof from observing any provision of an employee pension benefit plan tothe extent that such provision imposes, without regard to age, a limitationon the amount of benefits that the plan provides or a limitation on thenumber of years of service or years of participation which are taken intoaccount for purposes of determining benefit accrual under the plan.
(b) It shall not be an unlawful employment practice to:
(1) Take any action on the basis of age, which is otherwise prohibitedunder subsection (a), if age is a bona fide occupational qualification necessaryto the normal operation of the particular business or if the differentiationis based on necessary factors other than age;
(2) observe the terms of a bona fide seniority system or any bona fideemployee benefit plan, such as a retirement, pension or insurance plan, whichis not a subterfuge to evade the purposes of article 10 of chapter 44 ofKansas Statutes Annotated, except that no such employee benefit plan shallexcuse the failure to hire any individual and no such seniority system oremployee benefit plan shall require or permit the involuntary retirement ofany individual;
(3) observe the provisions of a retirement, pension or other benefitplan permitted by state or federal law or by ordinance or resolution; or
(4) Before January 1, 1994, for this state or any political subdivision ofthis state, or any agency or instrumentality thereof, or any interstateagency, to fail or refuse to hire or to discharge any individual because ofsuch individual's age if such action is taken:
(A) With respect to the employment of an individual as a firefighteror as a law enforcement officer and the individual has attained the age ofhiring or retirement in effect under applicable state or local law on March 3, 1983, and
(B) pursuant to a bona fide hiring or retirement plan that is not asubterfuge to evade the purpose of this act.
History: L. 1983, ch. 164, § 3;L. 1988, ch. 174, § 2; April 28.