Document Citation: K.A.R. § 21-34-16

Header:
KANSAS ADMINISTRATIVE REGULATIONS
AGENCY 21 KANSAS HUMAN RIGHTS COMMISSION
ARTICLE 34. GUIDELINES ON DISCRIMINATION BECAUSE OF DISABILITY

Date:
08/31/2009

Document:

21-34-16. Infectious and communicable diseases; food handling jobs.

(a) If an individual with a disability is disabled by an infectious or communicable disease and if the risk of transmitting the disease associated with the handling of food cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign the individual to a job involving food handling. However, if the individual with a disability is a current employee, the employer must consider whether he or she can be accommodated by reassignment to a vacant position not involving food handling.

(b) This regulation does not preempt, modify, or amend any State, county, or local law, ordinance or regulation applicable to food handling which:

(1) provide greater or equal protection for the rights of individuals with disabilities disabled by an infectious or communicable disease that are afforded by the Americans with Disabilities Act of 1990; and

(2) is designed to protect the public from individuals who pose a significant health risk to the health and safety of others, where that risk cannot be eliminated by reasonable accommodation.