The Kentucky Civil Rights Act does not specifically address application forms. The Civil Rights Act and the Equal Opportunities Act prohibit employment practices that discriminate on the basis of race, color, national origin, religion, sex (including pregnancy, childbirth, or related medical conditions), age, disability, tobacco use (as long as the person complies with any workplace policy concerning smoking), and HIV status, unless a bona fide occupational qualification (BFOQ) exists (KY Rev. Stat. Sec. 207.135, Sec. 207.150, Sec. 344.030, and Sec. 344.090).
Retaliation prohibited. Employers are prohibited from retaliating against any individual who has opposed an unlawful discriminatory practice or has filed a charge, testified, assisted, or participated in any manner in an investigation, citizen's action suit, proceeding, or hearing under either Act (KY Rev. Stat. Sec. 207.170 and Sec. 344.010et seq.).
Employers covered. The Civil Rights Act applies to employers with eight or more employees, except in the case of determining discrimination based on mental or physical disability, where the Act covers employers with 15 or more employees (KY Rev. Stat. Sec. 344.030(2)). The Equal Opportunities Act covers employers with eight or more employees and prohibits discrimination against individuals with physical disabilities and acquired immune deficiency syndrome (AIDS) (KY Rev. Stat. Sec. 207.150). Under Kentucky law, therefore, individuals with mental disabilities are only protected against discrimination when an employer has 15 or more employees.
An employer may indicate a preference, limitation, or specification for a job based on religion, national origin, sex, age, or disability only if ...