ORDINANCE NO. 010459
Amending Chapter 38, Code
of Ordinances, entitled Human Relations by repealing Sections 38-1, Definitions,
and 38-81, Affirmative action, and enacting in lieu thereof two new sections to
change affirmative action program submission requirements for City contractors.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 38, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Sections 38-1, Definitions, and 38-81, Affirmative action,
and enacting in lieu thereof two new sections of like number and subject
matter, 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 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 but less than 70 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 65 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 $44,000.00.
compliance means a written certificate issued within two calendar years by
the director or by an agency or body charged with administration of a
governmentally recognized affirmative action plan 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.
the city human rights commission.
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) Contracts for goods, supplies
or services, the cost of which will not exceed $35,000.00, except contracts
with any supplier or other contractor which does an aggregate annual business
with the city in excess of $35,000.00. 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 six 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.
the department of human relations.
the director of the human relations department.
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.
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.
includes any person employing six or more employees except that for the sole
purpose of the citys affirmative action program it shall mean any person
employing twelve 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:
parent or another person having legal custody of such individual 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 six 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
(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 covered establishment.
(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, the 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.
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.
RSMo ch. 213 means
chapter 213 of the Revised Statutes of Missouri.
RSMo ch. 536 means
chapter 536 of the Revised Statutes of Missouri.
term "sex," as included in the prohibitions of this chapter, shall
include sexual harassment.
orientation means actual or perceived heterosexuality, homosexuality or
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, 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 twelve or more employees exclusive
of the parents, spouse or children or such subcontractor.
Sec. 38_81. Affirmative
of 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 contracting officer a certificate of compliance or an
affirmative action program as defined in section 38_1 when requested by the
(2) Additionally, any person who
receives contracts totaling more than $35,000.00 annually from such a
contractor will bi-annually submit an affirmative action program or certificate
of compliance. If any person shall fail or refuse to submit a certificate of
compliance or affirmative action program as required by this section, the
contractor shall be ineligible to enter into any city contract or to receive
any franchise from the city until that person has so complied, and any current
contracts with such contractor may be terminated.
(3) If a contractors annual
business with the city during the current city fiscal year exceeds $35,000.00,
the contractor shall comply with the program requirements within ten working
days of exceeding the $35,000.00 threshold.
(b) Review of
program or certificate of compliance by director.
(1) Certificates of compliance.
The director shall receive and determine whether certificates of compliance are
in fact in compliance with the terms of this section respecting submission of
affirmative action programs. A certificate of compliance submission shall
include a copy of the affirmative action program to which such certificate
applies. If such program is subsequently amended, a copy of such amendment
shall be supplied to the director. An affirmative action program submitted in
connection with a certificate of compliance may be subject to qualifying
(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. In making rules, the director shall use standards consistent with
those set forth by the Office of Federal Contract Compliance Programs.
bi-annual submissions. Any person may file a certificate of compliance or
an affirmative action program which shall apply to all contracts which such
person shall make during the two calendar years succeeding the date of such
filing. The certificate shall be good as long as the person complies with all
human relations reporting requirements. Such submission shall be subject to
review by the director of human relations as stated in subsection (b)(2) of
(d) Review of
adverse determinations by commission. Any adverse determination concerning
a certificate of compliance or an affirmative action program by the director
may be reviewed by the human rights commission.
as to form and legality: