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 9  AN ACT concerning employment; prohibiting certain actions by employ-
10    ers relating to certain lawful activities of employees; amending K.S.A.
11    75-2941 and repealing the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    New Section 1.  (a) No employer shall:
15    (1)  Discharge or refuse to hire any individual, or otherwise disadvan-
16  tage any individual with respect to compensation, terms, conditions or
17  privileges of employment, because the individual engages in lawful activ-
18  ities off the premises of the employer during nonworking hours; or
19    (2)  require as a condition of employment that any employee or ap-
20  plicant for employment abstain from engaging in lawful activities off the
21  premises of the employer during nonworking hours.
22    (b)  It is not a practice to disadvantage any individual pursuant to this
23  section for an employer to offer, impose or have in effect a health or life
24  insurance policy that makes distinctions between employees for the type
25  of coverage or the cost of coverage based upon the employees' engage-
26  ment in legal activities.
27    (c)  The provisions of this section shall not be deemed to protect any
28  lawful activity which materially:
29    (1)  Threatens an employer's legitimate conflict of interest policy rea-
30  sonably designed to protect the employer's trade secrets, proprietary in-
31  formation or other proprietary interests; or
32    (2)  relates to a bona fide occupational requirement and is reasonably
33  and rationally related to the employment activities and responsibilities of
34  a particular employee or a particular group of employees rather than to
35  all employees of the employer.
36    (d)  Any employer, upon a finding that the employer has violated any
37  provision of this section, may be subject to a civil penalty not exceeding
38  $2,500 for each violation and payable to the aggrieved party. The provi-
39  sions of this section shall be enforced and the penalty imposed in the
40  same manner as provided by K.S.A. 44-322 and 44-322a, and amend-
41  ments thereto, for a claim for unpaid wages.
42    (e)  The provisions of this section shall not apply to:
HB 2427
                                     

 1    (1)  An employer subject to K.S.A. 75-2941 and amendments thereto;
 2    (2)  unified school districts; or
 3    (3)  nonprofit organizations whose primary purpose or objective is the
 4  promotion of health or health awareness.
 5    (f)  Nothing in this section shall create a cause of action for injunctive
 6  relief, damages or other relief.
 7    Sec. 2.  K.S.A. 75-2941 is hereby amended to read as follows: 75-
 8  2941. (a) No discrimination shall be exercised, threatened, or promised,
 9  by any person in the civil service against or in favor of any applicant,
10  eligible, or employee in the civil service because of political or religious
11  opinions or affiliations, except that no person affiliated with a political
12  movement advocating overthrow of government by force or violence shall
13  be eligible to any appointment or employment under this act.
14    (b)  No person in the civil service shall:
15    (1)  Discharge or refuse to hire any applicant, eligible or employee in
16  the civil service, or otherwise disadvantage any such applicant, eligible
17  or employee with respect to compensation, terms, conditions or privileges
18  of employment, because the applicant, eligible or employee engages in
19  lawful activities off the premises of the employer during nonworking
20  hours; or
21    (2)  require as a condition of employment that any applicant, eligible
22  or employee in the civil service abstain from engaging in lawful activities
23  off the premises of the employer during nonworking hours.
24    (c)  It is not a practice to disadvantage any individual pursuant to
25  subsection (b) to offer, impose or have in effect a health or life insurance
26  policy that makes distinctions between employees for the type of coverage
27  or the cost of coverage based upon the employees' engagement in legal
28  activities.
29    (d)  The provisions of subsection (b) shall not be deemed to protect
30  any lawful activity which materially:
31    (1)  Threatens an employer's legitimate conflict of interest policy rea-
32  sonably designed to protect the employer's trade secrets, proprietary in-
33  formation or other proprietary interests; or
34    (2)  relates to a bona fide occupational requirement and is reasonably
35  and rationally related to the employment activities and responsibilities of
36  a particular employee or a particular group of employees rather than to
37  all employees of the employer.
38    (e)  Nothing in subsections (b), (c) or (d) shall create a cause of action
39  for injunctive relief, damages or other relief.
40    Sec. 3.  K.S.A. 75-2941 is hereby repealed.
41    Sec. 4.  This act shall take effect and be in force from and after its
42  publication in the statute book.