 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Kansas Human Rights Commission v. Dale12/4/1998
ehearing. K.S.A. 44-1011; Nurge v. University of Kansas Med. Center, 234 Kan. 309, 315-16, 674 P.2d 459 (1983) (de novo review of decision by Kansas Commission on Civil Rights [now KHRC]); Stephens v. Unified School District, 218 Kan. 220, 228-36, 546 P.2d 197 (1975).
Where the district court has made findings of fact and Conclusions of law in a trial de novo from a KHRC proceeding, the function of this court is to determine whether the findings are supported by substantial competent evidence and whether the findings are sufficient to support the trial court's Conclusions of law. Beech Aircraft Corp. v Kansas Human Rights Comm'n, 254 Kan. 270, 275, 864 P.2d 1148 (1993); Woods v. Midwest Conveyor Co., 236 Kan. 734, 735-36, 697 P.2d 52 (1985) (Woods II).
Substantial evidence is such legal and relevant evidence as a reasonable person might accept as being sufficient to support a Conclusion. State v. Wonders, 263 Kan. 582, 589, 952 P.2d 1351 (1998).
Dale first argues the ALJ erred in denying his motion to dismiss the complaint following cancellation of the original public hearing. Kansas Administrative Regulations define when an administrative action should be dismissed. Pursuant to K.A.R. 21-41-8(a), an action should be dismissed when it becomes apparent the KHRC lacks jurisdiction or probable cause. The action may be dismissed for administrative convenience at any time prior to the hearing. K.A.R. 21-41-8(b). After service of notice of a hearing, the complainant may discontinue the proceeding only with the consent of the KHRC, K.A.R. 21-41-9.
The KHRC argues persuasively that the ALJ was without legal basis for dismissal of the complaint. Dale makes a policy argument that the administrative proceedings ought to move steadily toward resolution for the same reasons that statutes of limitations exist. He claims he was prejudiced by the delay; however, he offers no indication of prejudice other than counsel's assertion that prejudice "is inherent in the nature of the proceeding." We note that cancellation of the hearing and dismissal would have been fully justified by administrative convenience under K.A.R. 21-41-8(b) if, as the ALJ apparently assumed, the parties had reached a settlement. Because the parties did not settle, the KHRC had no grounds for dismissal of the pending complaint, and Dale did not show prejudice to his case caused by the rescheduling.
Dale next argues the district court erred in adopting the ALJ's finding that Townsend presented a prima facie case of housing discrimination. The Kansas Supreme Court has followed federal housing and employment discrimination law in administrative and civil cases under the KAAD. The proper allocation of burden of proof in a race discrimination case is borrowed from Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 253-54, 67 L. Ed. 2d 207, 101 S. Ct. 1089 (1981). See Woods v. Midwest Conveyor Co., 231 Kan. 763, 648 P.2d 234 (1982) (Woods I). The burden of proof never shifts, but the burden of going forward with the evidence does. The complainant must first demonstrate a prima facie case of unlawful discrimination. The burden of production shifts to the respondent to offer nondiscriminatory reasons for the actions, which, taken in the light most favorable to the respondent, would be legitimate. If the respondent does so, the burden of production shifts back to the complainant to prove the reasons were pretextual. The complainant always has the burden of proof by the preponderance of the evidence. Woods I, 231 Kan. at 766-68. See Kansas State Univ. v. Kansas Comm'n on Civil Rights, 14 Kan. App. 2d 428, Syl. 4, 796 P.2d 1046, rev. denied 246 Kan. 767 (1990).
In order to state a prima fa
Page 1 2 3 4 Kansas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|