ORDNANCE NO. 030288
Amending Article II,
Chapter 38, Code of Ordinances, by repealing Sections 38-1, Definitions, 38-81,
Affirmative Action, and 38-82, Contract conditions, and enacting in lieu
thereof new sections of like numbers and subject matters.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Article II, Chapter 38, Code of Ordinances, is hereby amended by repealing
Sections 38-1, Definitions, 38-81, Affirmative Action, and 38-82, Contract
conditions, and enacting in lieu thereof new sections of like numbers and
subject matters, to read as follows:
Sec. 38-1. Definitions.
words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
action program means a positive program designed to ensure that a good-faith
effort will be made to employ applicants and to treat employees equally without
regard to their race, color, creed or religion, national origin, sex,
disability or age. Such program shall apply, where applicable, to the
following: recruitment and recruitment advertising, employment, employment
upgrading, promotion, demotion or compensation, other terms or conditions of
employment and selection for training, including apprenticeship; and shall
include goals, methodology and timetables for implementation of the program.
an age of 40 or more years, except that it shall not be an unlawful employment
practice for an employer to require the compulsory retirement of any person who
has attained the age of 85 and who, for the two-year period immediately before
retirement, is employed in a bona fide executive or high policymaking position,
if such person is entitled to an immediate nonforfeitable annual retirement
benefit from a pension, profit sharing, savings or deferred compensation plan,
or any combination of such plans, of the employer, which equals, in the
aggregate, at least $344,000.00.
compliance means a written certificate issued within two calendar years by
the director or a current written certificate issued by an agency or body
charged with administration of a governmentally recognized affirmative action
program that any person named in such certificate is in compliance with the
terms of an affirmative action plan filed by such person with such agency or
body or with the director.
the City of Kansas City, Missouri.
means the city human rights commission.
means any person claiming injury by the alleged violation of RSMo ch. 213 or of
this chapter, including persons who believe they will be injured by a
discriminatory practice that
is about to occur.
means a verified written statement of facts and circumstances, including dates,
times, places and names of persons involved in any alleged violation of any
provision of RSMo ch. 213 or of this chapter.
lease means any contract or lease to which the city shall be a contracting
party, except the following:
requisitions for goods, supplies or services.
accounts in the nature of petty cash funds.
(4) Contract or lease, the cost of
which will not exceed $50,000.00, except contracts with any supplier or other
contractor which does an aggregate annual business with the city in excess of
$50,000.00. Aggregate annual business shall be measured by the amount of
business done by the supplier or other contractor with the city during the
current city fiscal year excluding purchases made on a city procurement card
unless such purchases were made off of a city contract.
officer means the person designated to execute a contract on behalf of the
city or other public body.
means any individual, partnership, corporation, association or other entity, or
any combination of such entities, who or which enters into a contract with the
city and who has twenty-five (25) or more employees exclusive of parents,
spouse or children of such contractor.
multifamily dwelling means a building consisting of four or more units if
the building has one or more elevators or a ground floor unit in a building
consisting of four or more units.
means the department of human relations.
means the director of the human relations department or their delegate.
With respect to employment, a person with a disability 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
disability is any person who:
(1) Has a physical or mental
impairment which substantially limits one or more major life activities;
(2) Has a
record of having such impairment; or
regarded as having such an impairment.
means any building, structure or portion thereof which is occupied as, or
designed or intended for occupancy as, a residence by one or more families, and
any vacant land which is offered for sale or lease for the construction or
location thereon of any such building, structure or portion thereof.
means any individual employed by an employer, but does not include an
individual employed by his parents, spouse or child or any individual employed
to render services as a domestic in the home of the employer.
Employer includes any person employing six or more employees
except that for the sole purpose of the city's affirmative action program it
shall mean any person employing twenty-five (25) or more employees.
agency means any person, agency or organization, regularly undertaking, with
or without compensation, to procure opportunities for employment or to procure,
recruit, refer or place employees.
status means one or more individuals, who have not attained the age of 18
years, being domiciled with:
(1) A parent or another person
having legal custody of such individual or individuals; or
(2) The designee of such parent or
other person having such custody, with the written permission of such parent or
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
chapter regarding familial status shall apply to housing for older persons, as
defined in section 3607 of title 42 of the United States Code Annotated.
includes a single individual.
holder means any individual, partnership, corporation, association or other
entity, or any combination of such entities, holding a franchise hereafter
granted or renewed by the city and who has twenty-five or more employees
exclusive of parents, spouse or children of such franchise holder.
organization means any organization which exists for the purpose in whole
or in part of collective bargaining or for dealing with employers concerning
grievances, terms or conditions of employment, or for other mutual aid or
protection in relation to employment.
The parties to any proceeding or hearing held pursuant to this chapter shall be
the city, the complainant and the respondent.
work means the furnishing of any personal service, labor, materials or
equipment used in the fulfillment of a contractor's obligation under a city
includes one 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; except the term
"person" does not include any local, state or federal governmental
accommodation means any place or business offering or holding out to the
general public goods, services, privileges, facilities, advantages or
accommodations for the peace, comfort, health, welfare and safety of the
general public, or providing food, drink, shelter, recreation or amusement,
including but not limited to:
(1) 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.
(2) 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.
(3) Any gasoline station, including
all facilities located on the premises of such gasoline station and made
available to the patrons thereof.
(4) Any motion picture house,
theater, concert hall, sports arena, stadium or other place of exhibition or
(5) Any public facility owned,
operated or managed by or on behalf of this city or any agency or subdivision
thereof, or any public corporation; and any such facility supported in whole or
in part by public funds.
(6) Any establishment which is
physically located within the premises of any establishment otherwise covered
by this definition or within the premises in which is physically located any
such covered establishment, and which holds itself out as serving patrons of such
(7) 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,
use of its facilities or services directly or indirectly from or on behalf of
nonmembers in furtherance of trade or business.
to lease, sublease, let or otherwise grant for a consideration the right to
occupy premises not owned by the occupant.
Respondent means any person against whom it shall be alleged by
complaint or identified during the course of an investigation that such person
has violated, is violating or is about to violate any provision of RSMo ch. 213
or this chapter.
term "sex," as included in the prohibitions of this chapter, shall
include sexual harassment.
orientation means actual or perceived heterosexuality, homosexuality or
means any individual, partnership, corporation, association or other entity, or
other combination of such entities, which shall undertake, by virtue of a
separate contract with a contractor that exceeds $50,000, to fulfill all or any
part of any contractor's obligation under a contract with the city, or who
shall exercise any right granted to a franchise holder, and who has twenty-five
or more employees exclusive of the parents, spouse or children or such
Sec. 38-81. Affirmative
of affirmative action program or certificate of compliance.
(1) Prior to entering into any
contract with or receiving any franchise from the city, the person shall submit
in writing to the city a certificate of compliance or an affirmative action
program as defined in section 38-1 when requested by the city. In no event
shall a Contractor receive its first payment under a City contract prior to
providing a certificate of compliance to the City.
(2) All contractors on city
contracts shall require any subcontractor that receives a subcontract totaling
more than $50,000.00 to have or obtain a certificate of compliance. A
subcontractor may adopt a contractors affirmative action program to comply
with the requirements of this section.
(3) If a contractor's annual
business with the city during the current city fiscal year exceeds $50,000.00,
the contractor shall comply with the program requirements within ten working
days of exceeding the $50,000.00 threshold.
(b) Review of
affirmative action programs by the director.
(1) Certificates of compliance. In
lieu of submitting an affirmative action plan to the Director for approval, a
contractor or subcontractor may submit a current certificate of compliance
issued by any agency or body charged with administration of a governmentally
recognized affirmative action plan program.
(2) Affirmative action programs.
The director shall receive and review affirmative action programs submitted to
him or her, and shall approve or shall specify in writing any modification of
the program needed to make it conform to the requirements of this section or of
the rules. The Directors review shall include:
(a) comparing the
actual availability of minorities and women by job groups/occupational titles
with the actual utilization of minorities and women by job groups/occupational
(b) comparing permanent
full-time employment of minorities and women versus non-minorities and men;
(c) comparing the pay
and benefit structure of minorities and women versus non-minorities and men;
(d) ensuring the person
has policies and procedures to prevent harassment and an internal mechanism in
place to address complaints.
In making rules, the director
shall use standards consistent with those set forth by the office of federal
contract compliance programs.
(3) Length of Certificate. All
certificates of compliance issued by the director shall be valid for two years
from the date of issue as long as the person complies with all human relations
(4) Review of revocations by
commission. If the director revokes a certificate of compliance, a person may
appeal to the human rights commission by filing with the director within ten
working days after notice of the director's revocation, a written request for
review by the commission, stating the grounds of such appeal with specificity.
The director shall forward to the chairperson and members of the commission a
copy of any appeal. Failure to file a timely appeal shall constitute a waiver
of the right to appeal the director's decision.
Sec. 38-82. Contract
contracts hereafter executed by the city shall contain language requiring as a
condition thereof that all persons contracting with the city or contracting
with any public or private entity that receives 66% of its funding from the
city or receiving a franchise from the city or subcontractors of such
contractors or franchisees agree to refrain from any discriminatory employment
practice as defined in this chapter, that such persons agree to implement the
certificate of compliance or affirmative action program submitted in connection
with such contract or franchise, and that if a contractor shall fail, refuse or
neglect to comply with these contract conditions such failure shall be deemed a
total breach of the contract and such contract may be terminated, canceled or
suspended, in whole or in part, and such contractor may be declared ineligible
for any further city contracts for a period of one year.
access to information. All contracts shall contain language to the effect that
all contractors and subcontractors agree to permit the director of human
relations access, at all reasonable times, to all books, papers, records,
reports or accounts in possession of or under the control of such person, as
may be necessary to ascertain compliance with this division, and to furnish
such further information as may be required of such person within ten working
days of the date it is so requested in writing.
Audits. Director shall be authorized to conduct on-site audits of any
contractor and subcontractor. If the Director conducts an on-site audit, the
Director shall evaluate whether members of minority groups and women enjoy the
same level of decision making authority commensurate with their occupation.
as to form and legality: