Kan. Admin. Regs. § 21-32-2 - Fringe benefits
"Fringe benefits," as used herein includes medical, hospital, accident, life insurance and retirement benefits; profit sharing and bonus plans; leave and other terms, conditions and privileges of employment.
(a) It shall be an unlawful employment
practice for an employer to discriminate between men and women with regard to
fringe benefits.
(b) Where an
employer conditions benefits available to employees and their spouses and
families on whether the employee is the "head of the household" or "principle
wage earner" in the family unit, the benefits tend to be available only to male
employees and their families. Due to the fact that such conditioning
discriminatorily affects the rights of women employees, and that "head of the
household" or "principle wage earner" status bears no relationship to job
performance, benefits which are so conditioned will be found a prima facie
violation of the prohibitions against sex discrimination contained in the act.
(c) It shall be an unlawful
employment practice for an employer to make available benefits for the wives
and families of male employees where the same benefits are not made available
for the husbands and families of female employees; or to make available
benefits for the wives of male employees which are not made available for
female employees; or to make available benefits to the husbands of female
employees which are not made available for male employees. An example of such
an unlawful employment practice is the situation in which wives of male
employees receive maternity benefits while female employees receive no such
benefits.
(d) It shall not be a
defense to a charge of sex discrimination in benefits that the cost of such
benefits is greater with respect to one sex than the other.
(e) It shall be an unlawful employment
practice for an employer to have a pension or retirement plan which establishes
different optional or compulsory retirement ages on the basis of sex, or which
differentiates in benefits on the basis of sex.
Notes
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