44-1118. Construction of act; applicability of act, exclusions. (a) The provisions of this act shall be construed liberally for the accomplishment of its purposes.
(b) Nothing in this act shall be construed to be inconsistent with the nondiscrimination provisions under another provision of state or federal law.
(c) Nothing in this act shall be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel, or discharge qualified or competent personnel.
(d) Nothing in this act shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee 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 of such employee, which equals, in the aggregate, at least $44,000.
(e) Nothing in this act shall be construed to prohibit, before January 1, 1994, compulsory retirement of any employee who has attained 70 years of age and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education.
History: L. 1983, ch. 164, § 8; L. 1988, ch. 174, § 3; L. 2008, ch. 105, § 5; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 11 - Discrimination In Employment
44-1110 Restriction on height of person prohibited; exceptions.
44-1111 Kansas age discrimination in employment act.
44-1113 Unlawful employment practices based on age.
44-1116 Contractors; requirements.
44-1117 Unlawful acts; penalties.
44-1118 Construction of act; applicability of act, exclusions.
44-1119 Severability of provisions.
44-1120 Applicability, construction and effective date of 1988 act.
44-1121 Rules and regulations.
44-1127 Civil action for violations.
44-1133 Duties of secretary of labor; rules and regulations.
44-1136 Kansas employment first initiative act; definitions; policy declaration.
44-1138 Kansas employment first oversight commission; membership; duties.