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AN ACT relating to immunizations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 344.010 is amended to read as follows: 3
In this chapter: 4
(1) "Person" includes one (1) or more individuals, labor organizations, joint 5
apprenticeship committees, partnerships, associations, corporations, legal 6
representatives, mutual companies, joint-stock companies, trusts, unincorporated 7
organizations, trustees, trustees in bankruptcy, fiduciaries, receivers, or other legal 8
or commercial entity; the state, any of its political or civil subdivisions or agencies. 9
(2) "Commission" means the Kentucky Commission on Human Rights. 10
(3) "Commissioner" means a member of the commission. 11
(4) "Disability" means, with respect to an individual: 12
(a) A physical or mental impairment that substantially limits one (1) or more of 13
the major life activities of the individual; 14
(b) A record of such an impairment; or 15
(c) Being regarded as having such an impairment. 16
Persons with current or past controlled substances abuse or alcohol abuse problems 17
and persons excluded from coverage by the Americans with Disabilities Act of 18
1990 (P.L. 101-336) shall be excluded from this section. 19
(5) "Discrimination" means any direct or indirect act or practice of exclusion, 20
distinction, restriction, segregation, limitation, refusal, denial, or any other act or 21
practice of differentiation or preference in the treatment of a person or persons, or 22
the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under 23
this chapter. 24
(6) "Real property" includes buildings, structures, real estate, lands, tenements, 25
leaseholds, cooperatives, condominiums, and hereditaments, corporeal and 26
incorporeal, or any interest in the above. 27 UNOFFICIAL COPY 22 RS BR 358
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(7) "Housing accommodations" includes improved and unimproved property and means 1
any building, structure, lot or portion thereof, which is used or occupied, or is 2
intended, arranged, or designed to be used or occupied as the home or residence of 3
one (1) or more families, and any vacant land which is offered for sale or lease for 4
the construction or location thereon of any such building or structure. 5
(8) "Real estate operator" means any individual or combination of individuals, labor 6
organizations, joint apprenticeship committees, partnerships, associations, 7
corporations, legal representatives, mutual companies, joint-stock companies, trusts, 8
unincorporated organizations, trustees in bankruptcy, receivers, or other legal or 9
commercial entity, the county, or any of its agencies, that is engaged in the business 10
of selling, purchasing, exchanging, renting, or leasing real estate, or the 11
improvements thereon, including options, or that derives income, in whole or in 12
part, from the sale, purchase, exchange, rental, or lease of real estate; or an 13
individual employed by or acting on behalf of any of these. 14
(9) "Real estate broker" or "real estate salesman" means any individual, whether 15
licensed or not, who, on behalf of others, for a fee, commission, salary, or other 16
valuable consideration, or who with the intention or expectation of receiving or 17
collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or 18
the improvements thereon, including options, or who negotiates or attempts to 19
negotiate on behalf of others such an activity; or who advertises or holds himself 20
out as engaged in these activities; or who negotiates or attempts to negotiate on 21
behalf of others a loan secured by mortgage or other encumbrance upon a transfer of 22
real estate, or who is engaged in the business of charging an advance fee or 23
contracting for collection of a fee in connection with a contract whereby he 24
undertakes to promote the sale, purchase, exchange, rental, or lease of real estate 25
through its listing in a publication issued primarily for this purpose; or any person 26
employed by or acting on behalf of any of these. 27 UNOFFICIAL COPY 22 RS BR 358
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(10) "Financial institution" means bank, banking organization, mortgage company, 1
insurance company, or other lender to whom application is made for financial 2
assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, 3
maintenance, or improvement of real property, or an individual employed by or 4
acting on behalf of any of these. 5
(11) "Licensing agency" means any public or private organization which has as one (1) 6
of its duties the issuing of licenses or the setting of standards which an individual 7
must hold or must meet as a condition to practicing a particular trade or profession 8
or to obtaining certain employment within the state or as a condition to competing 9
effectively with an individual who does hold a license or meet the standards. 10
(12) "Credit transaction" shall mean any open or closed end credit transaction whether in 11
the nature of a loan, retail installment transaction, credit card issue or charge, or 12
otherwise, and whether for personal or for business purposes, in which a service, 13
finance, or interest charge is imposed, or which provides for repayment in scheduled 14
payments, when such credit is extended in the course of the regular course of any 15
trade or commerce, including but not limited to transactions by banks, savings and 16
loan associations, or other financial lending institutions of whatever nature, stock 17
brokers, or by a merchant or mercantile establishment which as part of its ordinary 18
business permits or provides that payment for purchases of property or services 19
therefrom may be deferred. 20
(13) "To rent" means to lease, to sublease, to let, or otherwise to grant for a 21
consideration the right to occupy premises not owned by the occupant. 22
(14) "Family" includes a single individual. 23
(15) (a) "Familial status" means one (1) or more individuals who have not attained the 24
age of eighteen (18) years and are domiciled with: 25
1. A parent or another person having legal custody of the individual or 26
individuals; or 27 UNOFFICIAL COPY 22 RS BR 358
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2. The designee of a parent or other person having custody, with the 1
written permission of the parent or other person. 2
(b) The protection afforded against discrimination on the basis of familial status 3
shall apply to any person who is pregnant or is in the process of securing legal 4
custody of any individual who has not attained the age of eighteen (18) years. 5
(16) "Discriminatory housing practice" means an act that is unlawful under KRS 6
344.360, 344.367, 344.370, 344.380, or 344.680. 7
(17) "Immunization" means the intentional introduction of a product that stimulates 8
a person's immune system to produce immunity to a specific disease, protecting 9
the person from that disease or conveying increased resistance to an infectious 10
agent. 11
Section 2. KRS 344.040 is amended to read as follows: 12
(1) It is an unlawful practice for an employer: 13
(a) To fail or refuse to hire, or to discharge any individual, or otherwise to 14
discriminate against an individual with respect to compensation, terms, 15
conditions, or privileges of employment, because of the individual's race, 16
color, religion, national origin, sex, age forty (40) and over, because the 17
person is a qualified individual with a disability, or because the individual is a 18
smoker or nonsmoker, as long as the person complies with any workplace 19
policy concerning smoking; 20
(b) To limit, segregate, or classify employees in any way which would deprive or 21
tend to deprive an individual of employment opportunities or otherwise 22
adversely affect status as an employee, because of the individual's race, color, 23
religion, national origin, sex, or age forty (40) and over, because the person 24
declines immunization or refuses to disclose his or her immunization status, 25
because the person is a qualified individual with a disability, or because the 26
individual is a smoker or nonsmoker, as long as the person complies with any 27 UNOFFICIAL COPY 22 RS BR 358
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workplace policy concerning smoking; 1
(c) To fail to make reasonable accommodations for any employee with limitations 2
related to pregnancy, childbirth, or a related medical condition who requests 3
an accommodation, including but not limited to the need to express breast 4
milk, unless the employer can demonstrate the accommodation would impose 5
an undue hardship on the employer's program, enterprise, or business. The 6
following shall be required as to reasonable accommodations: 7
1. An employee shall not be required to take leave from work if another 8
reasonable accommodation can be provided; 9
2. The employer and employee shall engage in a timely, good faith, and 10
interactive process to determine effective reasonable accommodations; 11
and 12
3. If the employer has a policy to provide, would be required to provide, is 13
currently providing, or has provided a similar accommodation to other 14
classes of employees, then a rebuttable presumption is created that the 15
accommodation does not impose an undue hardship on the employer;[ 16
or] 17
(d) To require as a condition of employment that any employee or applicant for 18
employment abstain from smoking or using tobacco products outside the 19
course of employment, as long as the person complies with any workplace 20
policy concerning smoking; or 21
(e) To require as a condition of employment that any employee or applicant for 22
employment submit to immunization or disclose his or her immunization 23
status. 24
(2) (a) A difference in employee contribution rates for smokers and nonsmokers in 25
relation to an employer-sponsored health plan shall not be deemed to be an 26
unlawful practice in violation of this section. 27 UNOFFICIAL COPY 22 RS BR 358
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(b) The offering of incentives or benefits offered by an employer to employees 1
who participate in a smoking cessation program shall not be deemed to be an 2
unlawful practice in violation of this section. 3
(3) (a) An employer shall provide written notice of the right to be free from 4
discrimination in relation to pregnancy, childbirth, and related medical 5
conditions, including the right to reasonable accommodations, to: 6
1. New employees at the commencement of employment; and 7
2. Existing employees not later than thirty (30) days after June 27, 2019. 8
(b) An employer shall conspicuously post a written notice of the right to be free 9
from discrimination in relation to pregnancy, childbirth, and related medical 10
conditions, including the right to reasonable accommodations, at the 11
employer's place of business in an area accessible to employees. 12
SECTION 3. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 13
READ AS FOLLOWS: 14
An employer shall not require the immunization of any employee or applicant for 15
employment as a condition of employment. An employer shall not request any 16
employee or applicant for employment to disclose his or her immunization status. 17