ORDINANCE NO. 240082
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Sponsor: Mayor Pro Tem Ryana Parks-Shaw
Amending Chapter 38, Code of Ordinances, by repealing Section 38-1 entitled “Definitions” and enacting in lieu thereof a new section of like number and subject matter; by repealing Section 38-101 entitled “Prohibited” and enacting lieu thereof a new section of like number and subject matter; enacting a new Section 38-114, Nondiscrimination with regard to reasonable accommodation related to pregnancy, related to unlawful employment practices impacting pregnant employees.
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WHEREAS, pregnant workers have faced discrimination in employment or have been denied reasonable accommodations related to pregnancy; and
WHEREAS, pregnant employees are forced to choose between their health and their paycheck; and
WHEREAS, on December 29, 2022, the Pregnant Workers Fairness Act was signed into law, requiring covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions; and
WHEREAS, Kansas City seeks to support the health and economic security of pregnant workers; and
WHEREAS, Kansas City is committed to ensuring workers in Kansas City have access to safe and healthy workplaces free from discrimination; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 38, Article I, Code of Ordinances of Kansas City, Missouri, is hereby amended by repealing Section 38-1, and enacting in lieu thereof a new section of like number and subject matter to read as follow:
Sec. 38-1. Definitions.
(a) The following 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 different meaning or an alternative definition has been provided:
(1) Age means 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.
(2) City means the City of Kansas City, Missouri.
(3) Commission means the city human rights commission.
(4) Complainant 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 an unlawful discriminatory practice that is about to occur.
(5) Complaint 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.
(6) Contract means any contract to which the city shall be a contracting party, except the following:
a. Personal services contracts.
b. Emergency requisitions for goods, supplies or services.
c. Impressed accounts in the nature of petty cash funds.
d. Contract or lease, the cost of which will not exceed $300,000.00.
(7) Covered 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.
(8) Department means the department of civil rights and equal opportunity.
(9) Director means the director of the civil rights and equal opportunity department or their delegate.
(10) Disability means, with respect to employment, 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:
a. Has a physical or mental impairment which substantially limits one or more major life activities;
b. Has a record of having such impairment; or
c. Is regarded as having such an impairment.
(11) Dwelling 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.
(12) Employee means any individual employed by an employer, but does not include an individual employed by the individual’s parents, spouse or child or any individual employed to render services as a domestic in the home of the employer.
(13) Employer includes any person employing six or more employees.
(14) Employment 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.
(15) Familial status means 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 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.
(16) Family includes a single individual.
(17) Franchise 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.
(18) Gender identity means the actual or perceived appearance, expression, identity or behavior of a person as being male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person's designated sex at birth.
(19) Known limitation means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability.
(20) Labor 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.
(21) Performance of work means the furnishing of any personal service, labor, materials or equipment used in the fulfillment of a contractor's obligation under a city contract.
(22) Person 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 entity.
(23) Prohibited dress code means a set of rules governing, prohibiting or limiting access to a place or business, or portion thereof, defined herein as a "public accommodation" because of any of the following:
a. The wearing of jewelry, the manner in which jewelry is worn or the combination of items of jewelry worn,
b. The wearing of a garment or headdress which is generally associated with specific religions, national origins or ancestry,
c. The length of the sleeve of a shirt or the leg of a pair of pants or shorts is too long, except that nothing herein shall be construed to prohibit a dress code that requires the wearing of a shirt,
d. The style, cut or length of a hair style,
e. The colors of the garments,
f. In conjunction with a major Kansas City sporting event the wearing of athletic apparel which displays either a number, a professional or college team name or the name of a player;
g. The wearing of tee-shirts, except that nothing herein shall be construed to prohibit a dress code that requires such tee-shirts to have sleeves, or to prohibit a dress code that does not allow undershirts, undergarments, or tee-shirts of an inappropriate length. Designer tee-shirts, which are fitted and neat, cannot be banned.
(24) Public 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:
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 city 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 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.
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 nonmembers in furtherance of trade or business.
(25) Redevelopment area means a tax increment redevelopment area as defined in RSMo § 99.805 (11); a planned industrial expansion project area as defined in RSMo § 100.300 et seq.; an urban renewal project area or land clearance project area as defined in RSMo § 99.300 et seq.; any area under the control of the port authority of Kansas City, Missouri, or subject to a contract, lease or other instrument to which the port authority is a party; or an area determined by the city to be blighted pursuant to RSMo chapter 353.
(26) Rent means to lease, sublease, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(27) 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 chapter 213, or this chapter.
(28) Sex shall include sexual harassment.
(29) Sexual orientation means actual or perceived heterosexuality, homosexuality or bisexuality.
(30) Subcontractor 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, 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 50 or more employees exclusive of the parents, spouse or children or such subcontractor.
(31) Unlawful discriminatory practice means any discriminatory practice as defined and prohibited by sections 38-103, 38-105, 38-107, 38-109, 38-111 and , 38-113, and 38-114.
Section 2. That Chapter 38, Article III, Code of Ordinances of Kansas City, Missouri, is hereby amended by repealing Section 38-101, and enacting in lieu thereof a new section of like number and subject matter to read as follows:
Sec. 38-101. Prohibited.
(a) Discriminatory practices, as defined in sections 38-102, 38-103, 38-105, 38-107, 38-109, 38-111, 38-113, and 38-114 are prohibited. Any person who engages in a prohibited discriminatory practice shall be guilty of an ordinance violation, punishable by a fine of not more than $500.00, by imprisonment of not more than 180 days, or by such fine and imprisonment.
(b) Nothing in sections 38-102, 38-103, 38-105, 38-107, 38-109, 38-111, and 38-113, and 38-114 shall be read or interpreted to require the imposition of quotas or any form of affirmative action to remedy any past practices.
Section 3. That Chapter 38, Article III, Code of Ordinances of Kansas city, Missouri is hereby amended by adding a new Section 38-114, Nondiscrimination with regard to reasonable accommodations related to pregnancy, to read as follows:
Sec. 38-114. Nondiscrimination with regard to reasonable accommodations related to
pregnancy.
(a) It shall be unlawful employment practice for a covered entity to:
(1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodations would impose an undue hardship on the operation of the business of such covered entity;
(2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in (US code section)
(3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to pregnancy, childbirth, or related medical conditions of the qualified employee;
(4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee; or
(5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.
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Approved as to form:
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Tara Moreland
Assistant City Attorney