Volume 41 - Issue 40 - October 6, 2022

State of Kansas

Human Rights Commission

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 11:00 a.m. December 16, 2022, in Suite 568-S of the Landon State Office Building, 900 SW Jackson, Topeka, Kansas, to consider the amendment and revocation of rules and regulations of the Kansas Human Rights Commission on a permanent basis. The public hearing will be conducted in person and via video conferencing. Members of the public who wish to participate via video conferencing must request to do so, at least twenty-four hours before the hearing, by contacting Ruth Glover at 785-296-3206 (or TYY at 785-296-0245) or email at Ruth.Glover@ks.gov.

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Kansas Human Rights Commission, 900 SW Jackson, Suite 568-S, Topeka, KS 66612-1258 or by email to Ruth.Glover@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the proposed amendments and revocations of the regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Ruth Glover at 785-296-3206 (or TYY 785-296-0245) or by email to Ruth.Glover@ks.gov. The north entrance to the Landon State Office Building is accessible. Handicapped parking is located at the south end of the Landon State Office Building, across the street from the north entrance to the building, and on Ninth Street, just around the corner from the north entrance to the building.

Summaries of the proposed amendments and revocations and their economic impact follow. (Note: Statements indicating that a regulation is not anticipated or expected to have economic impact are intended to indicate that no economic impact on the Kansas Human Rights Commission, other state agencies, state employees, other governmental entities, persons subject to the proposed regulations, or the general public have been identified.)

Copies of the proposed amendments and revocations of regulations and of the Economic Impact Statement can be located at http://www.khrc.net/Proposed_Regulations/Proposals.pdf. They can also be obtained from the Kansas Human Rights Commission, 900 SW Jackson, Suite 568-S, Topeka, KS 66612-1258 or by email to Ruth.Glover@ks.gov.

Amendment of K.A.R. 21-34-1 – Definitions. The amendments improve sentence structure, provide consistency with both the Kansas Act Against Discrimination (“KAAD”) and federal administrative regulations and remove terms that are outdated or otherwise duplicative of the KAAD. More specifically, current 21-34-1(e) and (g) are deleted because the terms “regarded as having such an impairment” and “major life activities” are defined in K.S.A. 44-1002(l) and (m). The definition of “physical or mental impairment” is amended to eliminate a non-exhaustive list of body organs or body systems that may result in a physical impairment; and to remove the outdated term “mental retardation” within the mental impairment component of the definition. The term “substantially limits” is amended to reflect the broad coverage expressed in K.S.A. 44-1006(c) and to be consistent with federal regulations. No economic impact is anticipated.

Revocation of K.A.R. 21-34-17 – Substantially limit; criteria for determination. This proposal revokes this regulation as outdated and no longer consistent with the KAAD’s express statement to construe the term disability in favor of broad coverage of individuals to the maximum extent permitted by the KAAD. Additionally, the stated requirement that an individual must be “significantly restricted” from performing a major life activity is inconsistent with federal administrative regulations. No economic impact is anticipated.

Revocation of K.A.R. 21-34-18 – Substantially limit; definition with respect to the major life activity of “working”; criteria for determination. This proposal revokes this regulation as outdated and no longer necessary. It is not warranted to highlight this one particular “major life activity,” an activity that is rarely relied upon following amendments to the KAAD and the ADAAA. No economic impact is anticipated.

Ruth Glover
Executive Director

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