Kentucky Sex Discrimination laws & HR compliance analysis

Kentucky Sex Discrimination: What you need to know

The Kentucky Civil Rights Act prohibits employment practices that discriminate on the basis of sex (KY Rev. Stat. Sec. 344.040). Pregnancy, childbirth, and other related medical conditions are included in the definition of sex (KY Rev. Stat. Sec. 344.030). Under the Act, employers must treat women affected by pregnancy, childbirth, or related medical conditions the same as other employees with similar temporary disabilities in terms of conditions and privileges of employment, including fringe benefits. The Act covers employers with eight or more employees. State agencies and public contractors and subcontractors are also covered by separate laws.
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Retaliation. Employers are prohibited from retaliating in any manner against a person because he or she has opposed an unlawful discriminatory practice, made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Kentucky Civil Rights Act (KY Rev. Stat. Sec. 344.280).
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 a 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 ruled that "where an adverse employment action occurs very close in time after an employer learns of a protected activity, such temporal proximity between the events is significant enough to ...

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