Kentucky Affirmative Action laws & HR compliance analysis

Kentucky Affirmative Action: What you need to know

Affirmative action laws require the employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels comparable to their numbers in the population. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements. There is more information about affirmative action.
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The Kentucky Civil Rights Act prohibits employment practices that discriminate on the basis of race, religion, national origin, sex, disability, familial status, or age, or because the person is a smoker or nonsmoker, as long as the person complies with workplace policy pertaining to smoking (KY Rev. Stat. Sec. 344.010 et seq.).The Act covers employers with 8 or more employees. It specifically states that employers are not required to grant preferential treatment to any group just because the group is underrepresented in the employer's workforce.
All state agencies must develop and implement affirmative action plans (AAPs). The state commissioner of personnel monitors plan progress (KY Rev. Stat. Sec. 18A.138).
Any employer that has 8 or more employees and a contract with the state for more than $250,000 must have an affirmative action plan (KY Rev. Stat. Sec. 45.570 et seq.). The term “contractor” means any prime contractor holding a contract with the state of Kentucky and any subcontractor (KY Rev. Stat. Sec. 45.560).
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