Kentucky Advertising laws & HR compliance analysis

Kentucky Advertising: What you need to know

The Kentucky Civil Rights Act prohibits employers with eight or more employees, employment agencies, licensing agencies, and labor organizations from printing or publishing (or causing to be printed or published) a notice or advertisement that indicates a preference, specification, limitation, or discrimination based on race, color, religion, national origin, sex, or age over 40 years (KY Rev. Stat. Sec. 344.080).
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The Act also prohibits indicating in advertising a preference for a smoker or nonsmoker as long as the individual will comply with workplace policies on smoking.
Religion, national origin, sex, age (between 40 years and 70 years), and disability may be mentioned if the characteristic is a bona fide occupational qualification (BFOQ).
Before advertising, an employer, employment agency, licensing agency, or labor organization may ask the Kentucky Commission on Human Rights for its opinion on whether a particular characteristic is a BFOQ for the job in question. The Commission will make its determination based on the specific job, whether the particular characteristic is reasonably necessary to the normal operation of the employer’s business, and other pertinent factors. The Commission must make a determination in writing within 3 days of receipt of such requests (KY Admin. Code Tit. 104 Sec. 1:040). Call 800-292-5566 for information.
Kentucky also has an Equal Opportunities Act that prohibits hiring discrimination based on disability (KY Rev. Stat. Sec. 207.130et seq.
The Kentucky Equal Employment Opportunity Act prohibits employment discrimination based on race, color, religion, sex, age (40 years and over), disability, veteran status, or national origin by an employer ...

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