(a) For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFIRMATIVE ACTION PROGRAM. A positive program designed to insure that a good faith, diligent effort will be made to employ applicants and to treat employees during employment equally without regard to their race, color, creed, religion, physical handicap, national origin or sex. Such program shall include, where applicable, but not be limited to the following: recruitment and recruitment advertising, employment, upgrading promotion, demotion or transfer, layoff or termination, rates of pay or other forms of compensation, other terms or conditions of employment and selection for training including apprenticeship; and shall include goals, methodology and time table for implementation of the program. The AFFIRMATIVE ACTION PROGRAM shall require a showing of demonstrable evidence of progress toward the goal of the program. The words “applicants” and “employees” as used in this article includes subcontractors as well as individuals.
AGGREGATE ANNUAL BUSINESS. The amount of business done by the supplier or other contractor with the city during the current calendar year and, if this amount does not exceed $10,000, then by the amount of business done by such supplier or contractor during the next preceding calendar year.
CLASS I CONTRACT. Any contract which the city enters into or renews with a supplier or contractor after the effective date of the ordinance codified in this article in an amount equal to or more than $10,000 or to any contract with a supplier or contractor who does an aggregate annual business with the city equal to or in excess of $10,000.
CLASS II CONTRACT. Any contract which the city enters into or renews with a supplier or contractor after the effective date of the ordinance codified in this article in an amount less than $10,000, or to any contract with a supplier or contractor who does an aggregate annual business with the city of less than $10,000.
COMMITTEE. The Ad Hoc Equal Opportunity Committee, as established by this article.
DISCRIMINATION. Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other differentiation or preference in the treatment of a person or persons on account of race, religion, color, sex, national origin, ancestry or physical handicap and/or any denial of any right, privilege or immunity secured or protected by the Constitution or laws of the State of Kansas or the United States. DISCRIMINATION shall include, but not be limited to any practice which produces the demonstrable racial or ethnic effect without a valid business motive.
EMPLOYEE. Does not include any individual employed by his or her parent, spouse or child.
EMPLOYER. Includes any person doing business in this city employing four or more persons in a full-time capacity who are not members of the same immediate family. EMPLOYER also includes any person acting directly or indirectly for any employer, as defined in this subsection, labor organizations, non-sectarian organizations and all political subdivisions of the city, state and federal governments, but does not include a non-profit, fraternal or social organization or corporation.
FAMILY. Includes a single individual and in-laws.
HOTEL, MOTEL and RESTAURANT. Have the meanings subscribed to them respectively by K.S.A. 36-501.
PUBLIC ACCOMMODATIONS. Includes any person as defined in this section who caters or offers goods, services, facilities and accommodations to the public including all city agencies which serve the public but does not include a nonprofit fraternal or social organization or corporation.
LABOR ORGANIZATION. Includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in relation to employment.
PERSONS. Includes one 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. Any person injured by an unlawful act or who believes he or she will be injured in any such unlawful act or practice that is about to occur.
PHYSICAL HANDICAP. The physical condition of a person whether congenital or acquired by accident, injury or disease which constitutes a substantial disability, but is unrelated to such person’s ability to engage in a particular job or occupation.
REAL PROPERTY. Includes:
(A) All vacant or unimproved land; and
(B) Any building or structure which is occupied or designed or intended for occupancy, or any building or structure having a portion thereof which is occupied or designed or intended for occupancy.
TO RENT. To leave, sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
UNLAWFUL ACT OR PRACTICE. An unlawful employment practice, any unlawful accommodations practice, or any unlawful housing practice as defined in this section.
UNLAWFUL EMPLOYMENT PRACTICES. Includes only those unlawful practices and acts specified in § 8-706 of this article.
UNLAWFUL HOUSING PRACTICE. Any act that is unlawful under § 8-708 of this article.
UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE. Any discrimination against persons in a hotel, motel, cabin, camp, restaurant or trailer court and the segregation of persons in a place of public accommodations covered by this article by reason of their race, sex, religion, physical handicap, color, national origin or ancestry. UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE also means any discrimination against any person in a bar, tavern, barber shop, beauty shop, amusement park, recreation area, bowling alley, billiard parlor, theater, skating rink, swimming pool, lake, gymnasium, mortuary, cemetery or educational institution which is open to the public and any public transportation facility.
(b) There shall be excepted from the operation and requirements of § 8-701 of this article the following matters:
(1) Contracts for services of a specialized professional or technical character; and
(2) Emergency requisition for goods, supplies or services.
(Prior Code, § 8-702) (Ord. 1099, passed 4-1-1981)