Kentucky Hiring laws & HR compliance analysis

Kentucky Hiring: What you need to know

Discrimination. The Kentucky Civil Rights Act prohibits hiring practices that discriminate against job applicants based on 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 human immunodeficiency virus (HIV) status, unless a bona fide occupational qualification (BFOQ) exists (Ky. Rev. Stat. § 344.010 et seq.).
The Act applies to employers with eight or more employees. The provision on disability discrimination and the Act’s requirement to provide reasonable accommodation for pregnancy and related conditions apply to employers with 15 or more employees.
Kentucky also has an Equal Opportunities Act that prohibits hiring discrimination on the basis of physical disability and HIV status (Ky. Rev. Stat. § 207.130 et seq.). The Equal Opportunities Act applies to employers with eight or more employees.
Veterans’ preference.Employers may adopt an employment policy granting preference to veterans if it is in writing and applied consistently to all decisions (Ky. Rev. Stat. § 40.345). In the state personnel system, veterans, unmarried widows and widowers of veterans, and spouses receive preference in interviewing (Ky. Rev. Stat. § 18a.150).
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HIV testing. An employer may not require an individual to take an HIV-related test as a condition of hiring, promotion, or continued employment, unless a BFOQ exists for the job (Ky. Rev. Stat. § 207.135).
Medical examinations.Employers may conduct post-job-offer medical examinations in order to determine an applicant's or employee's ability to perform essential job functions ...

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