Kan. Admin. Regs. § 21-33-1 - Statement of purpose
(a) The
guidelines in this part have been adopted to contribute to the implementation
of non-discriminatory personnel policies with respect to employee religious
beliefs as required by the Kansas act against discrimination. The guidelines in
this part are designed to serve as a workable set of standards for employers,
unions and employment agencies in determining whether their policies concerning
employee religious beliefs conform with the basic purposes of the elimination
of discrimination in employment as defined by the act.
(b) Observance of sabbath and other religious
holidays. Regarding whether it is discrimination on account of religion to
discharge or refuse to hire employees who regularly observe Friday evening and
Saturday, or some other day of the week, as the Sabbath or who observe certain
special religious holidays during the year and, as a consequence, do not work
on such days, the commission finds that the duty not to discriminate on
religious grounds, under the act, includes an obligation on the part of the
employer to make reasonable accommodations to the religious needs of employees
and prospective employees where such accommodations can be made without undue
hardship on the conduct of the employer's business. Such undue hardship, for
example, may exist where the employee's needed work cannot be performed by
another employee of substantially similar qualifications during the period of
absence of the Sabbath observer. Because of the particularly sensitive nature
of discharging or refusing to hire an employee or applicant on account of his
religious beliefs, the employer has the burden of proving that an undue
hardship renders the required accommodations to the religious needs of the
employee unreasonable. The commission will review each case in an effort to
seek an equitable application of these guidelines to the variety of situations
which arise due to the varied religious practices of the people of Kansas.
Notes
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