Memorandum

City of Lawrence

City Attorney’s Office

TO:	David L. Corliss, City Manager
FROM:	Chad J. Sublet, Assistant City Attorney
Cc:	Toni Wheeler, City Attorney
DATE:	June 7, 2012
RE:	Ordinance  8750: Amendments to Chapter  X, the human relations code.

In the 2012 legislative session, The Kansas Legislature passed, and the Governor signed, HB2335. HB 2335 brings the Kansas Act Against Discrimination in line with the Americans with Disabilities Act (ADA) Amendments of 2008. In turn, Ordinance No. 8750 amends several sections of Chapter 10 of the City Code to be consistent with Federal and State law. The State law becomes effective July 1, 2012.

The definition of disability was expanded to be broadly construed to the maximum extent permitted by the act. Additionally, if a disability is ameliorated it is still to be considered a disability. A definition of genetic screening or testing was added along with a specific definition of major life activity. The, regarded as having an impairment, prong of the disability definition was also specifically defined. 

The proposed ordinance amends Chapter 10, Article 1, Section 10-109.6 of the Code of the City of Lawrence, Kansas 2011 edition to clarify that a valid business motive must exist to maintain a practice of discrimination, segregation or separation. Additionally, the proposed ordinance would amend Chapter 10, article 1, Section 10-109.10 of the Code of the City of Lawrence, Kansas 2011 edition to address discrimination in hiring practices and the requirements of offering reasonable accommodations, if appropriate, to individuals going through the application or testing process. Additionally, an individual cannot be discriminated against in the hiring process due to the fact the applicant associates or has a relationship with someone that has a disability.

Finally, the proposed ordinance would make it unlawful to subject, seek to obtain or use genetic testing or screening information of a current or prospective employee to discriminate or restrict any rights of the current or prospective employee. These changes regarding the use of genetic testing or screening information are consistent with the Federal Genetic Testing and Non-Discrimination Act of 2008.

ACTION REQUESTED

Adopt on first reading, Ordinance No. 8750, relating to the disability provisions of the City of Lawrence Human Relations Code.