Kansas Administrative Regulations
Agency 21 - KANSAS HUMAN RIGHTS COMMISSION
Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT
Section 21-80-4 - Bona fide occupational qualifications
Universal Citation: KS Admin Regs 21-80-4
Current through Register Vol. 43, No. 12, March 20, 2024
(a) The bona fide occupational qualification exception as to age shall be narrowly con-strued.
(b) An employer asserting a bona fide occupational qualification defense has the burden of proving that:
(1) the age limit is reasonably
necessary to the essence of the business; and
(2)
(A) that
all or substantially all individuals excluded from the job involved are in fact
not qualified; or
(B) that some of
the individuals were excluded on the basis of a trait that cannot be
ascertained except by reference to age.
(c) If the employer's bona fide occupational qualification defense is based on public safety, the employer shall prove that the challenged practice does effectuate that goal and that there is no acceptable alternative which would better advance it or equally advance it with less discriminatory impact.
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