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

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

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. Sec. 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.
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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 in question (KY Rev. Stat. Sec. 207.135). Discrimination based on AIDS or HIV status is specifically prohibited by the Act. The Act applies to public and private employers with eight or more employees.
BFOQ exception. An employer may make an employment inquiry about a protected characteristic only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. ...

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