Kentucky Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Kentucky Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Kentucky Civil Rights Act prohibits employment practices that discriminate on the basis of race, color, national origin, religion, sex, age (40 years and older), and disability. The Act also prohibits discrimination because an individual is a smoker or nonsmoker, provided the individual follows any policy regarding workplace smoking (Ky. Rev. Stat. § 344.020 et seq.).
However, implementing a difference in employee contribution rates for smokers and nonsmokers in relation to an employer-sponsored health plan is not prohibited. While the Act does not specifically address preemployment inquiries, it is likely that an employer would violate the Act by asking prospective employees about a protected characteristic, unless the characteristic is a bona fide occupational qualification (BFOQ). The Act covers employers with eight or more employees, except for the disability provisions, which apply to employers with 15 or more employees.
Disabilities. The Kentucky Equal Opportunities Act covers employers with 15 or more employees and prohibits practices that discriminate on the basis of on disability, unless that disability restricts the individual's’ ability to perform assigned job duties. The law permits employers to ask whether an applicant has a disability and about the extent to which the disability has been "overcome" by any medications, treatments, appliances, or other rehabilitation (Ky. Rev. Stat. § 207.130 et seq.).
Acquired immunodeficiency syndrome (AIDS) testing. The Kentucky Equal Opportunities Act specifically prohibits human immunodeficiency virus (HIV) testing as a condition of hiring, promotion, or continued employment unless the absence of the virus is a BFOQ for the job ...

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