Kentucky Discrimination laws & HR compliance analysis

Kentucky Discrimination: What you need to know

The Kentucky Civil Rights Act prohibits employment practices that discriminate based on race, color, religion, national origin, sex, age (40 years or older), or disability (KY Rev. Stat. Sec. 344.010 et seq.). The Act prohibits discrimination based on whether an individual is a smoker or nonsmoker, as long as the individual complies with any workplace policy concerning smoking. The Act also prohibits employers from retaliating against an individual who has opposed an unlawful discriminatory practice, made a charge, filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act (KY Rev. Stat. Sec. 344.280).
The Kentucky Equal Opportunities Act prohibits employment practices that discriminate based on physical disability, including acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection (KY Rev. Stat. Sec. 207.130 et seq.). Both laws cover public employers and private employers with eight or more employees, except that disability discrimination under the Kentucky Civil Rights Act covers employers with 15 or more employees (KY Rev. Stat. Sec. 344.030).
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Retaliation. The 6th Circuit Court of Appeals has ruled that a former employee was entitled to proceed with his lawsuit because he was fired immediately after his supervisor learned that he had filed an age discrimination charge against the employer (Mickey v. Zeidler Tool and Die Co., 516 F.3d 516 (6th Cir. 2008)). In this case, the supervisor learned of the discrimination charge and immediately walked into the employee's office and terminated his employment, citing a downturn in business, the employee's performance, and a lack of available work. The court ...

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