- (a) Any preemployment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination as to age shall be unlawful unless based upon a bona fide occupational qualification. The burden shall be on the employer, employment agency or labor organization to demonstrate that the direct or indirect preemployment inquiry is based upon a bona fide occupational qualification.
(b) The following inquiries shall be permissible:
- (1) Preemployment inquiries regarding the age of an applicant if the inquiry is made in good faith for a non-discriminatory purpose; and
- (2) preemployment inquiries to determine that an applicant is over 18 years of age.
(Authorized by K.S.A. 1991 Supp. 44-1121; implementing K.S.A. 1991 Supp. 44-1113; effective Dec. 28, 1992.)