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1. What is the intent of the amendment to the Non-Discrimination Ordinance?

For many years, Chapter 10 of the City Code has prohibited discrimination in employment, housing and public accommodations on the bases of race, sex, familial status, military status, disability, religion, age, color, national origin or ancestry. Chapter 10 also creates the Human Rights and Services Advisory Board, which considers and advises on issues related to discrimination.

The amendment adds two new protected classes (sexual orientation and gender identity) to the discrimination prohibition. It makes it unlawful to discriminate on the basis of sexual orientation or gender identity in employment, housing or public accommodations. It creates a local enforcement process for complaints of discrimination on the basis of sexual orientation or gender identity. Complaints of discrimination involving the other protected classes can be enforced through the EEOC or the Kansas Human Rights Commission.

2. Who does the amendment protect?

The amendment provides an individual with protection from certain discriminatory acts on the basis of sexual orientation and gender identity. Sexual orientation means one's perceived or actual emotional, romantic, or sexual attraction to other people. It can be described as heterosexual, homosexual, or bisexual. Gender identity means one's perceived or actual self-identification as a male or a female, regardless to one's anatomical sex at birth. It can be described as cisgender or transgender.

3. Who must comply with the amendment?

The City strongly discourages all forms of discrimination against the protected classes. Because the other protected classes are covered by state and federal laws, the amendment makes it unlawful to discriminate in employment, housing, and public accommodations on the basis of sexual orientation or gender identity.

Any person within the City limits who has four or more employees, who sells real estate or rents housing with more than four units, or who offers goods, services, facilities or accommodations to the public must comply with the amendment. The governmental entity of the City of Manhattan must also comply with the amendment.

However, the ordinance does not apply to a religious organization; a nonprofit fraternal or social association or corporation; a school, university or school district; the Riley County Police Department; or another governmental entity.

4. What are some examples of public accommodations?

A public accommodation is any person who caters or offers goods, services, facilities or accommodations to the public. For example, any restaurant, bar, salon, grocery store, gas station, photography service, rental venue, retail store, medical or business office open to the public would be considered a public accommodation.

5. How does this amendment affect restrooms and changing facilities?

A question about an individual’s use of a particular restroom or changing facility may arise in employment or public accommodations. It may be an unlawful discriminatory practice for an employer to mandate that an employee use a restroom or changing facility consistent with his/her biological sex rather than his/her gender identity. Likewise, a public accommodation may offer a restroom or changing facility to be used by patrons or the general public. Again, it may be an unlawful discriminatory practice to mandate that an individual use a restroom or changing facility consistent with his/her biological sex rather than his/her gender identity.

The Amendment does not require any employer or public accommodation to provide a separate facility for any individual or to otherwise physically alter any existing restroom or changing facility.

The Amendment does not prohibit any employer or public accommodation from addressing issues that may arise from any person’s misuse of restrooms and changing facilities that are not based upon discrimination.

6. What does the amendment allow me to do if I believe I have been discriminated against?

If you believe that you have been discriminated against on the basis of sexual orientation or gender identity, the amendment allows you or your attorney to complete the City’s complaint form and submit it to the City’s investigator. A parent or legal guardian may file on behalf of a minor.

If you believe that you have been discriminated against on the basis of race, sex, familial status, military status, disability, religion, age, color, national origin or ancestry, you or your attorney can contact the EEOC or the Kansas Human Rights Commission.

7. Is the Human Rights and Services Board involved in the complaint process?

No. The investigating officer is the City Attorney or his/her designee and the hearing officer is the Municipal Judge. The only other involved persons are the aggrieved person, respondent and any potential witnesses or legal counsel.

8. Will there be a filing fee for a complaint with the City?

No.

9. What would I do if I have had a City complaint filed against me?

You or your attorney will have up to 60 days to to respond to any complaint.

10. Then what happens?

The City’s investigator will review the information provided by each party and gather more evidence as needed. Then the City’s investigator will determine whether probable cause exists that discrimination occurred. If probable cause is found, then the City’s investigator will try to resolve the issue with the complaining party and the respondent. If probable cause is not found, then the City’s investigator will notify the parties and the complaint will be resolved.

11. What happens if I don’t like the investigator’s decision or I don’t want to settle?

You may appeal to the City’s Hearing Officer. The City’s Hearing Officer will review the evidence from the City’s investigator and each party and make a determination of whether discrimination occurred. The Hearing Officer’s decision can be appealed to the District Court.

12. What are the penalties?

If discrimination is found to have occurred, then the respondent can be assessed a civil penalty of up to $500.

13. Is this a crime?

No, a finding that you committed an unlawful act of discrimination is not a crime. A finding that you committed an unlawful act of discrimination is a civil violation that does not impact your criminal record in any way.

14. Can a City complaint be filed against a person who makes an offensive comment or gesture toward someone because of their sexual orientation or gender identity?

No. Being rude, offensive, or insulting toward an individual based on any characteristic is, on its own, not an act of discrimination under the proposed ordinance. To commit an unlawful discriminatory practice, a person must deny an individual rights or privileges in employment, housing, or public accommodations on the basis of sexual orientation or gender identity. If a person, in conjunction with an unlawful discriminatory practice, is rude, offensive, or insulting toward that individual, it can be used as evidence during the complaint process.

15. When will this ordinance be effective?

The ordinance is in effect as of November 1, 2016. The City can only accept discrimination complaints on the basis of sexual orientation or gender identity for discrimination that occurred after the ordinance’s effective date.