Kentucky AIDS and Disease laws & HR compliance analysis

Kentucky AIDS and Disease: What you need to know

The Kentucky Civil Rights Act prohibits discrimination in employment against a qualified individual with a mental or physical disability. The Act's disability discrimination provisions apply to employers with 15 or more employees (KY Rev. Stat. Sec. 344.030(2)).
The Kentucky Civil Rights Act defines “disability” as a physical or mental impairment that substantially limits any major life activity, a record of such an impairment, or being regarded by others as having such an impairment. Current and past alcohol and drug abuse are excluded from the definition of disability (KY Rev. Stat. Sec. 344.010 et seq.).
The Kentucky Equal Opportunities Act covers employers with 8 or more employees and prohibits discrimination against individuals with physical disabilities unless the disability restricts the individual's ability to engage in the job in question. The law also prohibits discrimination based on the results of a human immunodeficiency virus (HIV)-related test unless a bona fide occupational qualification (BFOQ) applies (KY Rev. Stat. Sec. 207.150). Retaliation against an individual who opposes a discriminatory practice is prohibited (KY Rev. Stat. Sec. 207.170).
Acquired immunodeficiency syndrome (AIDS), AIDS-related complex, and HIV infection are protected disabilities under the Equal Opportunities Act (KY Rev. Stat. Sec. 207.135).
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Under the federal Americans with Disabilities Act (ADA), current use of illegal drugs is not a protected disability. However, an individual who has successfully completed a rehabilitation program is protected under the ADA. The ADA covers employers with 15 or more employees.
Under the Kentucky Civil Rights Act, current and past drug or alcohol abuse is ...

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