ORDINANCE NO. 900593, AS FURTHER AMENDED

Amending Chapter 26 of the Code of General Ordinances, entitled "Civil Rights Ordinance of Kansas City, Missouri" by enacting a new Section 26.237, to be entitled "Discrimination Prohibited."

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 26 of the Code of General Ordinances is amended by enacting a new Section 26.237 to be entitled "Discrimination Prohibited," to read as follows:

Section 26.237. Discrimination Prohibited.

(A) It shall be unlawful for any person to discriminate in employment, housing, the financing of housing, the provision of brokerage services, or the provision of public accommodations, on account of race, religion, color, ancestry, national origin, sex, marital status, handicap, or familial status.

(B) It shall be unlawful for any employer to discriminate against an employee on the basis of such employee's engagement in lawful activities outside of and not affecting his employment unless such lawful activities in connection with his employment are otherwise prohibited by law.

(C) For purposes of this section, the following definitions shall apply:

(1) Familial status: One or more individuals (who have

not attained the age of 18 years) being domiciled with

(a) A parent or another person having legal custody

of such individual or individuals; or

(b) The designee of such parent or other person

having such custody, with the written permission of such

parent or other person.

The protection afforded against discrimination

on the basis of familial status shall apply to any person

who is pregnant or is in the process of securing legal

custody of any individual who has not attained the age of

18 years.

No provision in this Article regarding familial

status shall apply to housing for older persons, as

defined in Section 3607 of Title 42 of the United States

Code.

(2) Handicap:

With respect to employment: A person with a handicap is

a person who is otherwise qualified and who with reasonable
accommodation, can perform the essential functions of the job in question.

Generally: A person with a handicap is any person who

(a) Has a physical or mental impairment which

substantially limits one or more major life activities;

(b) Has a record of such impairment; or

(c) Is regarded as having or has tested positive

for such an impairment.

The term "impairment" includes diseases such as

tuberculosis or human immunodeficiency virus; provided

that the protections of this Article shall not apply to

an individual who has a currently contagious disease or

infection and who, by reason of such disease or

infection, would constitute a direct threat to the health

or safety of other individuals or who, by reason of the

currently contagious disease or infection, is unable to

perform the duties of their employment. Nothing in this

Article requires that a dwelling be made available to an

individual whose tenancy would constitute a direct threat

to the health or safety of other individuals or whose

tenancy would result in substantial physical damage to

the property of others. Nothing in this Article shall

require an entity to permit an individual to participate

in or benefit from the goods, services, facilities,

privileges, advantages and accommodations of such entity

where such individual poses a direct threat to the health

or safety of others. The term "direct threat" means a

signficant risk to the health or safety of others that

cannot be eliminated by a modification of policies,

practices or procedures or by the provision of auxiliary

aids or services.

(3) Person includes one (1) or more individuals,

corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and other organizations.

(4) Public accommodation: Any place or business

offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the public peace, comfort, health, welfare and safety of the general public, or providing food, drink, shelter, recreation or amusement including, but not limited to

(a) Any inn, hotel, motel, or other establishment

which provides lodging to transient guests, other than an

establishment located within a building which contains

not more than five rooms for rent or hire and which is

actually occupied by the proprietor of such establishment

as his residence;

(b) Any restaurant, tavern, cafeteria, lunchroom,

lunch counter, soda fountain, or other facility

principally engaged in selling food for consumption on

the premises, including, but not limited to, any such

facility located on the premises of any retail

establishment;

(c) Any gasoline station, including all facilities

located on the premises of such gasoline station and made

available to the patrons thereof;

(d) Any motion picture house, theater, concert

hall, sports arena, stadium, or other place of exhibition

or entertainment;

(e) Any public facility owned, operated, or managed

by or on behalf of this state or any agency or

subdivision thereof, or any public corporation; and any

such facility supported in whole or in part by public

funds;

(f) Any establishment which is physically located

within the premises of any establishment otherwise

covered by this section or within the premises in which

is physically located any such covered establishment, and

which holds itself out as serving patrons of such covered

establishment;

(g) Any institution, association, club, or other

entity that has over 250 members, provides regular meal

service, and regularly receives payment for meals,

beverages, dues, fees, the use of its facilities or

services directly or indirectly from or on behalf of

non-members in furtherance of trade or business.

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Approved as to form and legality:

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Assistant City Attorney