Kentucky's Civil Rights Act prohibits employment practices that discriminate on the basis of disability. After extending a conditional job offer, employers may require applicants or employees to undergo physical or medical examinations to determine their ability to perform the essential functions of the job with or without reasonable accommodation (KY Rev. Stat. Sec. 344.110). The law covers employers with 15 or more employees.
Under the Kentucky Equal Opportunities Act, acquired immunodeficiency syndrome (AIDS) and related diseases are considered disabilities (KY Rev. Stat. Sec. 207.135).
Employers covered. The Civil Rights Act applies to employers with 15 or more employees wherever mental or physical disability is an issue (KY Rev. Stat. Sec. 344.030(2)). The Equal Opportunities Act applies only to physical disabilities and AIDS and covers employers with eight or more employees (KY Rev. Stat. Sec. 207.150). This means that individuals with mental disabilities are protected under the Civil Rights Act only in instances where an employer has 15 or more employees.
The ADA allows employers to require medical exams for both applicants and employees, subject to specific restrictions. Employers that are subject to the ADA should comply with the ADA's stricter requirements with respect to medical exams. The ADA covers employers with 15 or more employees.
AIDS is protected as a disability under both state law and the ADA. The state Equal Opportunities Act specifically prohibits AIDS testing as a condition of hiring, promotion, or continued employment, unless the absence of human immunodeficiency virus (HIV) is a bona fide ...