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AN ACT relating to civil rights. 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
As used in this chapter, unless the context otherwise requires: 4
(1) "Commission" means the Kentucky Commission on Human Rights;[Person" 5
includes one (1) or more individuals, labor organizations, joint apprenticeship 6
committees, partnerships, associations, corporations, legal representatives, mutual 7
companies, joint-stock companies, trusts, unincorporated organizations, trustees, 8
trustees in bankruptcy, fiduciaries, receivers, or other legal or commercial entity; 9
the state, any of its political or civil subdivisions or agencies.] 10
(2) "Commissioner" means a member of the commission;[Commission" means the 11
Kentucky Commission on Human Rights.] 12
(3) "Credit transaction" means any open-end or closed-end credit transaction, 13
whether in the nature of a loan, retail installment transaction, credit card issue or 14
charge, or otherwise, and whether for personal or business purposes, in which a 15
service, finance, or interest charge is imposed, or which provides for repayment 16
in scheduled payments, when the credit is extended in the regular course of 17
business of any trade or commerce, including but not limited to transactions by 18
banks, savings and loan associations, or other financial lending institutions of 19
whatever nature, by stockbrokers, or by a merchant or mercantile establishment 20
which as part of its ordinary business permits or provides that payment for 21
purchases of property or services therefrom may be deferred;[Commissioner" 22
means a member of the commission.] 23
(4) "Disability" means, with respect to an individual: 24
(a) A physical or mental impairment that substantially limits one (1) or more of 25
the major life activities of the individual; 26
(b) A record of such an impairment; or 27 UNOFFICIAL COPY 25 RS BR 1393
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(c) Being regarded as having such an impairment. 1
Persons with current or past controlled substances abuse or alcohol abuse problems 2
and persons excluded from coverage by the Americans with Disabilities Act of 3
1990, Pub. L. No.[ (P.L.] 101-336, as amended,[)] shall not be considered 4
individuals with a disability;[ excluded from this section.] 5
(5) "Discrimination" means any direct or indirect act or practice of exclusion, 6
distinction, restriction, segregation, limitation, refusal, denial, or any other act or 7
practice of differentiation or preference in the treatment of a person or persons, or 8
the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under 9
this chapter;[.] 10
(6) "Discriminatory housing practice" means an act that is unlawful under Section 11
18, 19, 20, 21, or 23 of this Act;[Real property" includes buildings, structures, real 12
estate, lands, tenements, leaseholds, cooperatives, condominiums, and 13
hereditaments, corporeal and incorporeal, or any interest in the above.] 14
(7) (a) "Familial status" means one (1) or more individuals who have not attained 15
the age of eighteen (18) years and are domiciled with: 16
1. A parent or another person having legal custody of the individual or 17
individuals; or 18
2. The designee of a parent or other person having custody, with the 19
written permission of the parent or other person. 20
(b) The protection afforded against discrimination on the basis of familial 21
status shall apply to any person who is pregnant or is in the process of 22
securing legal custody of any individual who has not attained the age of 23
eighteen (18) years;["Housing accommodations" includes improved and 24
unimproved property and means any building, structure, lot or portion thereof, 25
which is used or occupied, or is intended, arranged, or designed to be used or 26
occupied as the home or residence of one (1) or more families, and any vacant 27 UNOFFICIAL COPY 25 RS BR 1393
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land which is offered for sale or lease for the construction or location thereon 1
of any such building or structure.] 2
(8) "Family" includes a single individual;[Real estate operator" means any individual 3
or combination of individuals, labor organizations, joint apprenticeship committees, 4
partnerships, associations, corporations, legal representatives, mutual companies, 5
joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, 6
receivers, or other legal or commercial entity, the county, or any of its agencies, that 7
is engaged in the business of selling, purchasing, exchanging, renting, or leasing 8
real estate, or the improvements thereon, including options, or that derives income, 9
in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate; 10
or an individual employed by or acting on behalf of any of these.] 11
(9) "Financial institution" means a bank, banking organization, mortgage company, 12
insurance company, or other lender to whom application is made for financial 13
assistance for the purchase, lease, acquisition, construction, rehabilitation, 14
repair, maintenance, or improvement of real property, or an individual employed 15
by or acting on behalf of any of these;[Real estate broker" or "real estate salesman" 16
means any individual, whether licensed or not, who, on behalf of others, for a fee, 17
commission, salary, or other valuable consideration, or who with the intention or 18
expectation of receiving or collecting the same, lists, sells, purchases, exchanges, 19
rents, or leases real estate, or the improvements thereon, including options, or who 20
negotiates or attempts to negotiate on behalf of others such an activity; or who 21
advertises or holds himself out as engaged in these activities; or who negotiates or 22
attempts to negotiate on behalf of others a loan secured by mortgage or other 23
encumbrance upon a transfer of real estate, or who is engaged in the business of 24
charging an advance fee or contracting for collection of a fee in connection with a 25
contract whereby he undertakes to promote the sale, purchase, exchange, rental, or 26
lease of real estate through its listing in a publication issued primarily for this 27 UNOFFICIAL COPY 25 RS BR 1393
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purpose; or any person employed by or acting on behalf of any of these.] 1
(10) "Gender identity" means having or being perceived as having a gender identity or 2
expression, whether or not traditionally associated with the sex assigned to that 3
person at birth;[Financial institution" means bank, banking organization, mortgage 4
company, insurance company, or other lender to whom application is made for 5
financial assistance for the purchase, lease, acquisition, construction, rehabilitation, 6
repair, maintenance, or improvement of real property, or an individual employed by 7
or acting on behalf of any of these.] 8
(11) "Housing accommodations" includes improved and unimproved property and 9
means any building, structure, lot, or portion thereof which is used or occupied, 10
or is intended, arranged, or designed to be used or occupied, as the home or 11
residence of one (1) or more families, and any vacant land which is offered for 12
sale or lease for the construction or location thereon of any such building or 13
structure; 14
(12) "Licensing agency" means any public or private organization which has as one (1) 15
of its duties the issuing of licenses or the setting of standards which an individual 16
must hold or must meet as a condition to practicing a particular trade or profession 17
or to obtaining certain employment within this Commonwealth[the state] or as a 18
condition to competing effectively with an individual who does hold a license or 19
meet the standards;[.] 20
[(12) "Credit transaction" shall mean any open or closed end credit transaction whether in 21
the nature of a loan, retail installment transaction, credit card issue or charge, or 22
otherwise, and whether for personal or for business purposes, in which a service, 23
finance, or interest charge is imposed, or which provides for repayment in 24
scheduled payments, when such credit is extended in the course of the regular 25
course of any trade or commerce, including but not limited to transactions by banks, 26
savings and loan associations, or other financial lending institutions of whatever 27 UNOFFICIAL COPY 25 RS BR 1393
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nature, stock brokers, or by a merchant or mercantile establishment which as part of 1
its ordinary business permits or provides that payment for purchases of property or 2
services therefrom may be deferred.] 3
(13) "Local commission" means a local human rights commission created pursuant 4
to Section 17 of this Act; 5
(14) "Person" includes one (1) or more individuals, labor organizations, joint 6
apprenticeship committees, partnerships, associations, corporations, legal 7
representatives, mutual companies, joint stock companies, limited liability 8
companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, 9
fiduciaries, receivers, or other legal or commercial entity, or the Commonwealth 10
or any of its political or civil subdivisions or agencies;["To rent" means to lease, to 11
sublease, to let, or otherwise to grant for a consideration the right to occupy 12
premises not owned by the occupant.] 13
(15)[(14)] "Real estate broker" or "real estate salesperson" means any individual, 14
whether licensed or not, who: 15
(a) On behalf of others, for a fee, commission, salary, or other valuable 16
consideration, or who with the intention or expectation of receiving or 17
collecting the same, lists, sells, purchases, exchanges, rents, or leases real 18
estate, or the improvements thereon, including options; 19
(b) Negotiates or attempts to negotiate on behalf of others an activity described 20
in paragraph (a) of this subsection; 21
(c) Advertises or holds oneself out as engaged in activities described in 22
paragraph (a) of this subsection; 23
(d) Negotiates or attempts to negotiate on behalf of others a loan secured by a 24
mortgage or other encumbrance upon a transfer of real estate; 25
(e) Is engaged in the business of charging an advance fee or contracting for 26
collection of a fee in connection with a contract whereby the individual 27 UNOFFICIAL COPY 25 RS BR 1393
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undertakes to promote the sale, purchase, exchange, rental, or lease of real 1
estate through its listing in a publication issued primarily for this purpose; 2
or 3
(f) Is employed by or acting on behalf of any person described in paragraphs 4
(a) to (e) of this subsection;[Family" includes a single individual.] 5
(16)[(15) (a)] "Real estate operator" means: 6
(a) Any individual or combination of individuals, labor organizations, joint 7
apprenticeship committees, partnerships, associations, corporations, legal 8
representatives, mutual companies, joint stock companies, limited liability 9
companies, trusts, unincorporated organizations, trustees in bankruptcy, 10
receivers, or other legal or commercial entities, the county, or any of its 11
agencies, that: 12
1. Is engaged in the business of selling, purchasing, exchanging, renting, 13
or leasing real estate, or the improvements thereon, including options; 14
or 15
2. Derives income, in whole or in part, from the sale, purchase, 16
exchange, rental, or lease of real estate; or 17
(b) An individual employed by or acting on behalf of any individual or entity 18
described in paragraph (a) of this subsection;["Familial status" means one 19
(1) or more individuals who have not attained the age of eighteen (18) years 20
and are domiciled with: 21
1. A parent or another person having legal custody of the individual or 22
individuals; or 23
2. The designee of a parent or other person having custody, with the 24
written permission of the parent or other person. 25
(b) The protection afforded against discrimination on the basis of familial status 26
shall apply to any person who is pregnant or is in the process of securing legal 27 UNOFFICIAL COPY 25 RS BR 1393
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custody of any individual who has not attained the age of eighteen (18) years.] 1
(17)[(16)] "Real estate-related transaction" means: 2
(a) The making or purchasing of loans or providing other financial assistance: 3
1. For purchasing, constructing, improving, repairing, or maintaining a 4
housing accommodation; or 5
2. Secured by real estate; or 6
(b) The selling, brokering, or appraising of real property, except that a person 7
engaged in the business of furnishing appraisals of real property may take 8
into consideration factors other than race, color, religion, national origin, 9
sex, sexual orientation, gender identity, disability, or familial 10
status;[Discriminatory housing practice" means an act that is unlawful under 11
KRS 344.360, 344.367, 344.370, 344.380, or 344.680.] 12
(18) "Real property" includes buildings, structures, real estate, lands, tenements, 13
leaseholds, cooperatives, condominiums, and hereditaments, corporeal and 14
incorporeal, or any interest in them; 15
(19) "Sexual orientation" means an individual's actual or imputed heterosexuality, 16
homosexuality, or bisexuality; and 17
(20) "To rent" means to lease, to sublease, to let, or otherwise to grant for a 18
consideration the right to occupy premises not owned by the occupant. 19
Section 2. KRS 344.020 is amended to read as follows: 20
(1) The general purposes of this chapter are: 21
(a) To provide for execution within the Commonwealth[state] of the policies 22
embodied in the[ Federal] Civil Rights Act of 1964, Pub. L. No. 88-352, as 23
amended[ (78 Stat. 241), Title VIII of the Federal Civil Rights Act of 1968 24
(82 Stat. 81)], the Fair Housing Act, Pub. L. No. 90-284, as amended[ (42 25
U.S.C. 360)], the[ Federal] Age Discrimination in Employment Act of 1967, 26
Pub. L. No. 90-202, as amended[ (81 Stat. 602)], the Americans with 27 UNOFFICIAL COPY 25 RS BR 1393
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Disabilities Act of 1990, Pub. L. No.[ (P.L.] 101-336[)], as amended, and the 1
Civil Rights Act of 1991, Pub. L. No. 102-166, as amended[ ( P.L. 102-166, 2
amended by P.L. 102-392)]; 3
(b) To safeguard all individuals within the Commonwealth[state] from 4
discrimination because of familial status, race, color, religion, national origin, 5
sex, sexual orientation, gender identity, age forty (40) and over, or because 6
of the person's status as a qualified individual with a disability as defined in[ 7
KRS 344.010 and] KRS 344.030; thereby to protect their interest in personal 8
dignity and freedom from humiliation, to make available to the 9
Commonwealth[state] their full productive capacities, to secure the 10
Commonwealth[state] against domestic strife and unrest which would menace 11
its democratic institutions, to preserve the public safety, health, and general 12
welfare, and to further the interest, rights, and privileges of individuals within 13
the Commonwealth[state]; and 14
(c) To establish as the policy of the Commonwealth the safeguarding of the rights 15
of an individual selling or leasing the individual's[his] primary residence 16
through private sale without the aid of any real estate operator, broker, or 17
salesperson[salesman] and without advertising or public display. 18
(2) This chapter shall be construed to further the general purposes stated in this section 19
and the special purposes of the particular provision involved. 20
(3) Nothing in this chapter shall be construed as indicating an intent to exclude local 21
laws on the same subject matter not inconsistent with this chapter. 22
(4) Nothing contained in this chapter shall be deemed to repeal any other law of this 23
Commonwealth[state] relating to discrimination because of familial status, race, 24
color, religion, national origin, sex, sexual orientation, gender identity, age forty 25
(40) and over, or because of the person's status as a qualified individual with a 26
disability as defined in KRS 344.030. 27 UNOFFICIAL COPY 25 RS BR 1393
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Section 3. KRS 344.025 is amended to read as follows: 1
No provision in KRS Chapter 18A shall be construed to preclude any classified or 2
unclassified state employee from appealing to the personnel board any action alleged to 3
be in violation of laws prohibiting discrimination based on an individual's[a person's 4
status as a qualified individual with a disability,] sex, sexual orientation, gender identity, 5
age, religion,[ or] race,[ or] national origin, or because the person is a qualified 6
individual with a disability as defined in KRS 344.030, in accordance with this chapter. 7
Section 4. KRS 344.040 is amended to read as follows: 8
(1) It is an unlawful practice for an employer: 9
(a) To fail or refuse to hire, or to discharge any individual, or otherwise to 10
discriminate against an individual with respect to compensation, terms, 11
conditions, or privileges of employment, because of the individual's race, 12
color, religion, national origin, sex, sexual orientation, gender identity, age 13
forty (40) and over, because the person is a qualified individual with a 14
disability, or because the individual is a smoker or nonsmoker, as long as the 15
individual[person] complies with any workplace policy concerning smoking; 16
(b) To limit, segregate, or classify employees in any way which would deprive or 17
tend to deprive an individual of employment opportunities or otherwise 18
adversely affect status as an employee, because of the individual's race, color, 19
religion, national origin, sex, sexual orientation, gender identity,[ or] age 20
forty (40) and over, because the person is a qualified individual with a 21
disability, or because the individual is a smoker or nonsmoker, as long as the 22
individual[person] complies with any workplace policy concerning smoking; 23
(c) To fail to make reasonable accommodations for any employee with 24
limitations related to pregnancy, childbirth, or a related medical condition 25
who requests an accommodation, including but not limited to the need to 26
express breast milk, unless the employer can demonstrate the accommodation 27 UNOFFICIAL COPY 25 RS BR 1393
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would impose an undue hardship on the employer's program, enterprise, or 1
business. The following shall be required as to reasonable accommodations: 2
1. An employee shall not be required to take leave from work if another 3
reasonable accommodation can be provided; 4
2. The employer and employee shall engage in a timely, good faith, and 5
interactive process to determine effective reasonable accommodations; 6
and 7
3. If the employer has a policy to provide, would be required to provide, is 8
currently providing, or has provided a similar accommodation to other 9
classes of employees, then a rebuttable presumption is created that the 10
accommodation does not impose an undue hardship on the employer; or 11
(d) To require as a condition of employment that any employee or applicant for 12
employment abstain from smoking or using tobacco products outside the 13
course of employment, as long as the individual[person] complies with any 14
workplace policy concerning smoking. 15
(2) (a) A difference in employee contribution rates for smokers and nonsmokers in 16
relation to an employer-sponsored health plan shall not be deemed to be an 17
unlawful practice in violation of this section. 18
(b) The offering of incentives or benefits offered by an employer to employees 19
who participate in a smoking cessation program shall not be deemed to be an 20
unlawful practice in violation of this section. 21
(3) (a) An employer shall provide written notice of the right to be free from 22
discrimination in relation to pregnancy, childbirth, and related medical 23
conditions, including the right to reasonable accommodations, to: 24
1. New employees at the commencement of employment; and 25
2. Existing employees not later than thirty (30) days after June 27, 2019. 26
(b) An employer shall conspicuously post a written notice of the right to be free 27 UNOFFICIAL COPY 25 RS BR 1393
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from discrimination in relation to pregnancy, childbirth, and related medical 1
conditions, including the right to reasonable accommodations, at the 2
employer's place of business in an area accessible to employees. 3
Section 5. KRS 344.050 is amended to read as follows: 4
(1) It is an unlawful practice for an employment agency to fail or refuse to refer for 5
employment[,] or to otherwise[ to] discriminate against[,] an individual because of[ 6
his] race, color, religion, national origin, sex, sexual orientation, gender identity,[ 7
or] age forty (40) and over, or because the person is a qualified individual with a 8
disability, or to classify or refer for employment an individual because of[on the 9
basis of disability,] race, color, religion, national origin, sex, sexual orientation, 10
gender identity,[ or] age[ between] forty (40) and over, or because the person is a 11
qualified individual with a disability[seventy (70)]. 12
(2) It is an unlawful practice for a licensing agency to refuse to license, or to bar or 13
terminate from licensing an individual because of race, color, religion, national 14
origin, sex, sexual orientation, gender identity,[ or] age forty (40) and over, or 15
because the person is a qualified individual with a disability. 16
Section 6. KRS 344.060 is amended to read as follows: 17
It is an unlawful practice for a labor organization: 18
(1) To exclude or to expel from its membership[,] or to otherwise[ to] discriminate 19
against[,] a member, or applicant for membership, because of race, color, religion, 20
national origin, sex, sexual orientation, gender identity,[ or] age forty (40) and 21
over, or because the person is a qualified individual with a disability. 22
(2) To limit, segregate, or classify its membership, or to classify or fail to refuse to 23
refer for employment an individual, in any way which would deprive or tend to 24
deprive an individual of employment opportunities, or would limit such 25
employment opportunities or otherwise adversely affect the status as an employee 26
or as an applicant for employment, because of race, color, religion, national origin, 27 UNOFFICIAL COPY 25 RS BR 1393
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sex, sexual orientation, gender identity,[ or] age forty (40) and over, or because the 1
person is a qualified individual with a disability. 2
(3) To cause or attempt to cause an employer to discriminate against an individual in 3
violation of this section. 4
Section 7. KRS 344.070 is amended to read as follows: 5
It is an unlawful practice for an employer, labor organization, or joint labor-management 6
committee controlling apprenticeship or other training or retraining, including on-the-job 7
training programs, to discriminate against an individual because of race, color, religion, 8
national origin, sex, sexual orientation, gender identity,[ or] age forty (40) and over, or 9
because the person is a qualified individual with a disability in admission to or 10
employment in, any program established to provide apprenticeship or other training. 11
Section 8. KRS 344.080 is amended to read as follows: 12
It is an unlawful practice for an employer, labor organization, licensing agency, or 13
employment agency to print or publish or cause to be printed or published a notice or 14
advertisement relating to employment by such an employer or membership in or any 15
classification or referral for employment by the employment or licensing agency, 16
indicating any preference, limitation, specification, or discrimination, based on race, 17
color, religion, national origin, sex, sexual orientation, gender identity,[ or] age forty 18
(40) and over, or because the person is a qualified individual with a disability, except that 19
such a notice or advertisement may indicate a preference, limitation, or specification 20
based on religion, national origin, sex, sexual orientation, gender identity,[or] age forty 21
(40) and over, or because the person is a qualified individual with a disability, when 22
religion, national origin, sex, sexual orientation, gender identity,[or] age forty (40) and 23
over, or because the person is a qualified individual with a disability, is a bona fide 24
occupational qualification for employment. 25
Section 9. KRS 344.100 is amended to read as follows: 26
[Notwithstanding ]Any[ other] provision of this chapter to the contrary notwithstanding, 27 UNOFFICIAL COPY 25 RS BR 1393
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it is not an unlawful practice for an employer to apply different standards of 1
compensation, or different terms, conditions, or privileges of employment pursuant to a 2
bona fide seniority or merit system, or a system which measures earnings by quantity or 3
quality of production or to employees who work in different locations, if the differences 4
are not the result of an intention to discriminate because of race, color, religion, national 5
origin, sex, sexual orientation, gender identity,[ or] age forty (40) and over, or because 6
the person is a qualified individual with a disability, nor is it an unlawful practice for an 7
employer to give and to act upon the results of any professionally developed ability test 8
provided that the test, its administration, or action upon the results thereof is not 9
designed, intended, or used to discriminate because of race, color, religion, national 10
origin, sex, sexual orientation, gender identity,[ or] age forty (40) and over, or because 11
the person is a qualified individual with a disability. 12
Section 10. KRS 344.110 is amended to read as follows: 13
(1) Nothing[ contained] in this chapter requires an employer, employment agency, 14
labor organization, or joint labor-management committee subject to this chapter to 15
grant preferential treatment to an individual or to a group because of the race, color, 16
religion, national origin, sex, sexual orientation, gender identity,[ or] age forty (40) 17
and over, or because the person is a qualified individual with a disability, of the 18
individual or group on account of an imbalance which may exist with respect to the 19
total number or percentage of individuals[persons] of any race, color, religion, 20
national origin, sex, sexual orientation, gender identity,[ or] age forty (40) and 21
over, or because the person is a qualified individual with a disability, employed by 22
an employer, referred or classified for employment by an employment agency or 23
labor organization, admitted to membership or classified by a labor organization, or 24
admitted to, or employed in, an apprenticeship or other training program, in 25
comparison with the total number or percentage of individuals[persons] of race, 26
color, religion, national origin, sex, sexual orientation, gender identity,[ or] age 27 UNOFFICIAL COPY 25 RS BR 1393
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forty (40) and over, or because the person is a qualified individual with a disability, 1
in the Commonwealth[state] or a community, section, or other area, or in the 2
available workforce in the Commonwealth[state] or a community, section, or other 3
area. 4
(2) Nothing[ contained] in this chapter shall prohibit: 5
(a) Minimum hiring ages otherwise provided by law;[.] 6
(b) State compliance with federal regulations;[.] 7
(c) Termination of the employment of any person who is unable to perform the 8
essential functions of the job, with or without reasonable accommodation;[.] 9
(d) Any post-job-offer physical or medical examinations of applicants or 10
employees which an employer requires to determine their ability to perform 11
the essential functions of the job, with or without reasonable accommodation; 12
or[.] 13
(e) An employer, labor organization, or employment agency from observing the 14
terms of a bona fide seniority system or any bona fide employee benefit plan 15
such as a retirement, pension, or insurance plan which is not a subterfuge to 16
evade the purposes of this chapter, except that no such employee benefit plan 17
shall excuse the failure to hire any individual. 18
Section 11. KRS 344.120 is amended to read as follows: 19
Except as otherwise provided in KRS 344.140 and 344.145, it is an unlawful practice for 20
a person to deny an individual the full and equal enjoyment of the goods, services, 21
facilities, privileges, advantages, and accommodations of a place of public 22
accommodation, resort, or amusement because[, as defined in KRS 344.130, on the 23
ground] of the individual's disability, race, color, religion,[ or] national origin, sexual 24
orientation, or gender identity. 25
Section 12. KRS 344.140 is amended to read as follows: 26
It is an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, 27 UNOFFICIAL COPY 25 RS BR 1393
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display, or mail, or cause to be published, circulated, issued, displayed, or mailed, a 1
written, printed, oral, or visual communication, notice, or advertisement, which indicates 2
that the goods, services, facilities, privileges, advantages, and accommodations of a place 3
of public accommodation, resort, or amusement will be refused, withheld from, or denied 4
an individual because[on account] of disability, race, color, religion,[ or] national origin, 5
sexual orientation, or gender identity, or that the patronage of, or presence at, a place of 6
public accommodation, resort, or amusement, of an individual, on account of disability, 7
race, color, religion,[ or] national origin, sexual orientation, or gender identity is 8
objectionable, unwelcome, unacceptable, or undesirable. 9
Section 13. KRS 344.170 is amended to read as follows: 10
The function of the commission shall be to encourage fair treatment for, to foster mutual 11
understanding and respect among, and to discourage discrimination against individuals 12
on the basis of disability, race, color, religion, national origin, sex, sexual orientation, 13
gender identity, or age forty (40) and over[any racial or ethnic group or its members]. 14
Section 14. KRS 344.180 is amended to read as follows: 15
The powers and duties of the commission shall be: 16
(1) To employ an executive director and other necessary personnel within the limits of 17
funds made available; 18
(2) To conduct research projects or make studies into and publish reports on 19
discrimination in Kentucky; 20
(3) To receive and investigate complaints of discrimination and to recommend ways of 21
eliminating any injustices occasioned thereby; 22
(4) To hold public hearings and request the attendance of witnesses; 23
(5) To cooperate with other organizations, public and private, to discourage 24
discrimination; 25
(6) To encourage fair treatment for all persons regardless of disability, race, color, 26
religion, national origin, sex, sexual orientation, gender identity, or age forty (40) 27 UNOFFICIAL COPY 25 RS BR 1393
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and over[national ancestry]; and 1
(7) To make an annual report to the Governor and the General Assembly of its 2
activities under this chapter. 3
Section 15. KRS 344.190 is amended to read as follows: 4
In the enforcement of this chapter, the commission[ on Human Rights] shall have the 5
following powers and duties: 6
(1) To maintain an office in the city of Louisville and other offices within the 7
Commonwealth[state] as may be deemed necessary;[.] 8
(2) To meet and exercise its powers at any place within the Commonwealth;[.] 9
(3) Within the limitations provided by law, to appoint an executive director, attorneys, 10
hearing examiners, clerks, and other employees and agents as it may deem 11
necessary. At the direction of the commission, attorneys appointed under this 12
section may appear for and represent the commission in any court. The commission 13
may, by written order, delegate the authority given by this subsection to its 14
executive director, except as that authority relates to the appointment of its 15
executive director;[.] 16
(4) To promote the creation of local commissions on human rights, to cooperate with 17
state, local, and other agencies, both public and private, and individuals, and to 18
obtain upon request and utilize the services of all governmental departments and 19
agencies;[.] 20
(5) To cooperate with the[ United States] Equal Employment Opportunity Commission, 21
created by[ Section 705 of] the Civil Rights Act of 1964, Pub. L. No. 88-352[ (78 22
Stat. 241)], in order to achieve the purposes of that act, and with other federal and 23
local agencies in order to achieve the purposes of that act, and with other federal 24
and local agencies in order to achieve the purposes of this chapter;[.] 25
(6) To accept gifts or bequests, grants, or other payments, public or private, to help 26
finance its activities;[.] 27 UNOFFICIAL COPY 25 RS BR 1393
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(7) To accept reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1
1964, Pub. L. No. 88-352,[ (78 Stat. 241)] for services rendered to assist the[ 2
Federal] Equal Employment Opportunity Commission;[.] 3
(8) To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon 4
complaints alleging violations of this chapter;[.] 5
(9) At any time after a complaint is filed, to require answers to interrogatories, compel 6
the attendance of witnesses, examine witnesses under oath or affirmation in person 7
or by deposition, and require the production of documents relevant to the complaint. 8
The commission may make rules authorizing any member or individual designated 9
to exercise these powers in the performance of official duties;[.] 10
(10) To furnish technical assistance requested by persons subject to this chapter to 11
further their compliance with this chapter or an order issued thereunder;[.] 12
(11) To make studies appropriate to effectuate the purposes and policies of this chapter 13
and to make the results thereof available to the public;[.] 14
(12) To render annual written reports to the Governor and the General 15
Assembly[Legislature]. The reports may contain recommendations of the 16
commission for legislative or other action to effectuate the purposes and policies of 17
this chapter;[.] 18
(13) To create local or statewide advisory agencies that in its judgment will aid in 19
effectuating the purpose of this chapter. The commission may empower these 20
agencies: 21
(a) To study and report on problems of discrimination because of disability, race, 22
color, religion,[ or] national origin, sex, sexual orientation, gender identity, 23
or age forty (40) and over;[,] 24
(b) To foster, through community effort or otherwise, goodwill among the groups 25
and elements of the population of the Commonwealth;[state,] and 26
(c) To make recommendations to the commission for the development of policies 27 UNOFFICIAL COPY 25 RS BR 1393
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and practices that will aid in carrying out the purposes of this chapter. 1
Members of these agencies[such committees] shall serve without pay but 2
shall be reimbursed for expenses incurred in such service. The commission 3
may make provision for technical and clerical assistance to the 4
agencies;[committees.] 5
(14) To[ adopt,] promulgate administrative[, amend, and rescind] regulations to 6
effectuate the purposes and provisions of this chapter, including regulations 7
requiring the posting of notices prepared or approved by the commission; and[.] 8
(15) To purchase liability insurance for the protection of all members of the commission 9
to protect them from liability arising in the course of pursuing their duties as 10
members of the commission and for all full-time employees to protect them from 11
liability arising in the course or scope of their employment. This insurance shall be 12
purchased with money contained in the agency appropriated budget. 13
Section 16. KRS 344.300 is amended to read as follows: 14
(1) City, county, urban-county, consolidated local, unified local, and charter county 15
governments[Cities and counties] are authorized to adopt and enforce ordinances, 16
orders, and resolutions prohibiting all forms of discrimination, including 17
discrimination on the basis of race, color, religion, disability, familial status,[ or] 18
national origin, sex, sexual orientation, gender identity, or age, and to prescribe 19
penalties for violations thereof, such penalties being in addition to the remedial 20
orders and enforcement herein authorized. 21
(2) City, county, urban-county, consolidated local, unified local, and charter county 22
governments[Cities and counties] may adopt and enforce ordinances, orders, and 23
resolutions prohibiting discrimination; no ordinance, order, or resolution shall 24
attempt to exempt more transactions from its coverage than are exempted by KRS 25
344.362 and 344.365. 26
Section 17. KRS 344.310 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 1393
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Any city,[ or] county, urban-county, consolidated local, unified local, or charter county 1
government, or one (1) or more of those local governments[cities and counties] acting 2
jointly, may create a local[ human rights] commission[ (hereinafter a "local 3
commission")]: 4
(1) To provide for execution within its jurisdiction of the policies embodied in this 5
chapter and the[ Federal] Civil Rights Act of 1964, Pub. L. No. 88-352, as 6
amended[ (78 Stat. 241)]; and 7
(2) To safeguard all individuals within its jurisdiction from discrimination because of 8
race, color, religion,[ or] national origin, sex, sexual orientation, gender identity, or 9
age. 10
Section 18. KRS 344.360 is amended to read as follows: 11
(1) It is an unlawful housing practice for a real estate operator, or for a real estate 12
broker, real estate salesperson[salesman], or any person employed by or acting on 13
behalf of any of these: 14
(a)[(1)] To refuse to sell, exchange, rent, or lease, or otherwise deny to or 15
withhold, real property from any person because of race, color, religion, sex, 16
sexual orientation, gender identity, familial status, disability, or national 17
origin; 18
(b)[(2)] To discriminate against any person because of race, color, religion, sex, 19
sexual orientation, gender identity, familial status, disability, or national 20
origin in the terms, conditions, or privileges of the sale, exchange, rental, or 21
lease of real property or in the furnishing of facilities or services in connection 22
therewith; 23
(c)[(3)] To refuse to receive or transmit a bona fide offer to purchase, rent, or 24
lease real property from any person because of race, color, religion, sex, 25
sexual orientation, gender identity, familial status, disability, or national 26
origin; 27 UNOFFICIAL COPY 25 RS BR 1393
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(d)[(4)] To refuse to negotiate for the sale, rental, or lease of real property to any 1
person because of race, color, religion, sex, sexual orientation, gender 2
identity, familial status, disability, or national origin; 3
(e)[(5)] To represent to any person that real property is not available for 4
inspection, sale, rental, or lease when it is so available, or to refuse to permit 5
any person to inspect real property because of[ his] race, color, religion, sex, 6
sexual orientation, gender identity, familial status, disability, or national 7
origin; 8
(f)[(6)] To make, print, circulate, post, or mail or cause to be printed, circulated, 9
posted, or mailed an advertisement or sign, or to use a form of application for 10
the purchase, rental, or lease of real property, or to make a record of inquiry in 11
connection with the prospective purchase, rental, or lease of real property, 12
which indicates, directly or indirectly, a limitation, specification, or 13
discrimination as to race, color, religion, sex, sexual orientation, gender 14
identity, familial status, disability, or national origin or an intent to make such 15
a limitation, specification, or discrimination; 16
(g)[(7)] To offer, solicit, accept, use, or retain a listing of real property for sale, 17
rental, or lease with the understanding that any person may be discriminated 18
against in the sale, rental, or lease of that real property or in the furnishing of 19
facilities or services in connection therewith because of[ his] race, color, 20
religion, sex, sexual orientation, gender identity, familial status, disability, or 21
national origin; 22
(h)[(8)] To otherwise deny to or withhold real property from any person because 23
of[ his] race, color, religion, sex, sexual orientation, gender identity, familial 24
status, disability, or national origin; 25
(i)[(9)] To discriminate in the sale or rental, or to otherwise make unavailable or 26
deny, a housing accommodation to any buyer or renter because of a disability 27 UNOFFICIAL COPY 25 RS BR 1393
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of: 1
1. [(a)] That buyer or renter; 2
2. [(b)] A person residing in or intending to reside in that housing 3
accommodation after it is so sold, rented, or made available; or 4
3. [(c)] Any person associated with that buyer or renter; or 5
(j)[ (10)] To discriminate against any person in the terms, conditions, or privileges 6
of sale or rental of a dwelling, or in the provision of services or facilities in 7
connection with such housing accommodation, because of a disability of: 8
1. [(a)] That person;[ or] 9
2. [(b)] A person residing in or intending to reside in that housing 10
accommodation after it is sold, rented, or made available; or 11
3. [(c)] Any person associated with that person. 12
(2)[(11)] For purposes of this section, discrimination includes: 13
(a) A refusal to permit, at the expense of the disabled person, reasonable 14
modifications of existing premises occupied or to be occupied by a person, if 15
the modifications may be necessary to afford the person full enjoyment of the 16
premises; except that, in the case of a rental, the landlord may, where it is 17
reasonable to do so, condition permission for a modification on the renter 18
agreeing to restore the interior of the premises to the condition that existed 19
before the modification, reasonable wear and tear excepted;[.] 20
(b) A refusal to make reasonable accommodations in rules, policies, practices, or 21
services, when the accommodations may be necessary to afford the person 22
equal opportunity to use and enjoy a housing accommodation; or 23
(c) In connection with the design and construction of covered multifamily 24
housing accommodations for first occupancy after January 1, 1993, a failure 25
to design and construct those housing accommodations in a manner ensuring 26
that they have at least one (1) entrance on an accessible route unless 27 UNOFFICIAL COPY 25 RS BR 1393
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impractical to do so because of the terrain or unusual characteristics of the 1
site. Housing accommodations with a building entrance on an accessible route 2
shall comply with the following requirements: 3
1. The public use and common use portions of the housing 4
accommodations shall be readily accessible to and usable by disabled 5
persons; 6
2. All the doors designed to allow passage into and within all premises 7
within the housing accommodations shall be sufficiently wide to allow 8
passage by disabled persons in wheelchairs; and 9
3. All premises within the housing accommodations shall contain the 10
following features of adaptive design: 11
a. An accessible route into and through the housing accommodation; 12
b. Light switches, electrical outlets, thermostats, and other 13
environmental controls in accessible locations; 14
c. Reinforcements in bathroom walls to allow later installation of 15
grab bars; and 16
d. Usable kitchens and bathrooms so that an individual in a 17
wheelchair can maneuver about the space. 18
(3)[(12)] Compliance with the appropriate requirements of the American National 19
Standard for buildings and facilities providing accessibility and usability for 20
physically disabled persons, [(]commonly cited as "ANSI A117.1 - 1986,"[)] 21
suffices to satisfy the requirements of subsection (2)[(11)](c)3. of this section. 22
(4)[(13)] As used in subsection (2)[(11)] of this section, the term "covered multifamily 23
housing accommodation" means: 24
(a) Buildings consisting of four (4) or more units if the buildings have one (1) or 25
more elevators; and 26
(b) Ground floor units in other buildings consisting of two (2) or more units. 27 UNOFFICIAL COPY 25 RS BR 1393
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(5)[(14)] Nothing in this section requires that a housing accommodation be made 1
available to an individual whose tenancy would constitute a direct threat to the 2
health or safety of other individuals or whose tenancy would result in substantial 3
physical damage to the property of others. 4
Section 19. KRS 344.367 is amended to read as follows: 5
It is an unlawful practice for a person in the business of insuring against hazards to refuse 6
to enter into, or discriminate in the terms, conditions, or privileges of, a contract of 7
insurance against hazards to a housing accommodation because of the race, color, 8
religion, national origin, familial status, disability,[ or] sex, sexual orientation, or gender 9
identity of persons owning[,] or residing in or near the housing accommodation. 10
Section 20. KRS 344.370 is amended to read as follows: 11
It is an unlawful practice for a financial institution or for any person or other entity whose 12
business includes engaging in real estate-related transactions: 13
(1) To discriminate against an individual because of the race, color, religion,[ or] 14
national origin, familial status, disability, sex, sexual orientation, gender identity, 15
or age of the individual or the present or prospective owner, tenant, or occupant of 16
the real property or of a member, stockholder, director, officer, employee, or 17
representative of any of these, in the granting, withholding, extending, modifying, 18
or renewing the rates, terms, conditions, privileges, or other provisions of financial 19
assistance or in the extension of services in connection therewith; 20
(2) To use a form of application for financial assistance or to make or keep a record or 21
inquiry in connection with applications for financial assistance which indicate, 22
directly or indirectly, a limitation, specification, or discrimination as to race, color, 23
religion, national origin, familial status, disability, sex, sexual orientation, or 24
gender identity,[national origin] or an intent to make such a limitation, 25
specification, or discrimination; or 26
(3) To discriminate by refusing to give full recognition, because of sex, to the income 27 UNOFFICIAL COPY 25 RS BR 1393
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of each spouse or the total income and expenses of both spouses where both 1
spouses become or are prepared to become joint or several obligors in real estate 2
transactions[; or 3
(4) As used in this section, the term "real estate-related transaction" means any of the 4
following: 5
(a) The making or purchasing of loans or providing other financial assistance; 6
1. For purchasing, constructing, improving, repairing, or maintaining a 7
housing accommodation; or 8
2. Secured by real estate. 9
(b) The selling, brokering, or appraising of real property except that a person 10
engaged in the business of furnishing appraisals of real property may take into 11
consideration factors other than race, color, religion, national origin, sex, 12
disability, or familial status]. 13
Section 21. KRS 344.380 is amended to read as follows: 14
It is an unlawful practice for a real estate operator, a real estate broker, a real estate 15
salesperson[salesman], a financial institution, an employee of any of these, or any other 16
person, for the purpose of inducing a real estate transaction from which a person may 17
benefit financially: 18
(1) To represent that a change has occurred or will or may occur in the composition 19
with respect to race, color, religion, sex, sexual orientation, gender identity, 20
disability, familial status, or national origin of the owners or occupants in the block, 21
neighborhood, or area in which the real property is located; 22
(2) To represent that this change will or may result in the lowering of property values, 23
an increase in criminal or antisocial behavior, or a decline in the quality of schools 24
in the block, neighborhood, or area in which the real property is located; or 25
(3) To induce or attempt to induce any person to sell or rent any dwelling by 26
representations regarding the entry or prospective entry into the neighborhood of a 27 UNOFFICIAL COPY 25 RS BR 1393
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person or persons of a particular race, color, religion, sex, sexual orientation, 1
gender identity, disability, familial status, or national origin. 2
Section 22. KRS 344.400 is amended to read as follows: 3
(1) It shall be an unlawful practice for any person, whether acting on behalf of 4
oneself[for himself] or another, in connection with any credit transaction because of 5
race, color, religion, national origin,[ or] sex, sexual orientation, or gender identity 6
to: 7
(a) Deny credit to any person; 8
(b) Increase the charges or fees for or collateral required to secure any credit 9
extended to any person; 10
(c) Restrict the amount or use of credit extended or impose different terms or 11
conditions with respect to the credit extended to any person or any item or 12
service related thereto; or 13
(d) Attempt to do any of the unlawful practices defined in this section. 14
(2) The provisions of this section shall not prohibit any party to a credit transaction 15
from considering the credit history of any individual applicant. 16
(3) The provisions of this section shall not prohibit any party to a credit transaction 17
from considering the application of Kentucky law on dower and[,] curtesy or[,] 18
descent and distribution to the particular case or from taking reasonable action 19
thereon. 20
Section 23. KRS 344.680 is amended to read as follows: 21
It shall be unlawful to deny any person access to, or membership or participation in, any 22
multiple listing service, real estate brokers' organization, or other service, organization, or 23
facility relating to the business of selling or renting housing accommodations, or to 24
discriminate against a person in the terms or conditions of access, membership, or 25
participation, on account of race, color, religion, sex, sexual orientation, gender identity, 26
disability, familial status, or national origin. 27 UNOFFICIAL COPY 25 RS BR 1393
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Section 24. KRS 18A.095 is amended to read as follows: 1
(1) A classified employee with status shall not be dismissed, demoted, suspended 2
without pay, [or ]involuntarily transferred, or otherwise penalized except for cause. 3
(2) Prior to dismissal, a classified employee with status shall be notified in writing of 4
the intent to dismiss the individual[him or her]. The notice shall also state: 5
(a) The specific reasons for dismissal including: 6
1. The statutory, regulatory, or policy violation; 7
2. The specific action or activity on which the intent to dismiss is based; 8
3. The date, time, and place of such action or activity; and 9
4. The names of the parties involved; 10
(b) That the employee has the right to appear personally, or with counsel if the 11
employee[he or she] has retained counsel, to reply to the appointing authority 12
or the cabinet's or agency's[his or her] designee; and 13
(c) Whether the employee is placed on administrative leave by the appointing 14
authority with pay upon receiving the intent to dismiss letter prior to the 15
agency's final action. 16
(3) The Personnel Cabinet shall prescribe and distribute a pretermination form to be 17
completed and forwarded by an employee who wishes to appear before the 18
appointing authority or the cabinet's or agency's[his or her] designee. The form 19
shall be attached to every notice of intent to dismiss and shall contain written 20
instructions explaining: 21
(a) The right granted an employee under the provisions of this section relating to 22
pretermination hearings; and 23
(b) The time limits and procedures to be followed by all parties in pretermination 24
hearings. 25
(4) No later than five (5) working days after receipt of the notice of intent to dismiss, 26
excluding the day the employee[he or she] receives the notice, the employee may 27 UNOFFICIAL COPY 25 RS BR 1393
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request to appear, personally or with counsel if the employee[he or she] has retained 1
counsel, to reply to the appointing authority or the cabinet's or agency's[his or her] 2
designee. 3
(5) Unless agreed to by the appointing authority or the cabinet's or agency's[his or her] 4
designee and the employee, the appearance shall be scheduled within six (6) 5
working days after receipt of an employee's request to appear before the appointing 6
authority or the cabinet's or agency's[his or her] designee, excluding the day the 7
employee's[his or her] request is received. 8
(6) No later than five (5) working days after the employee appears before the 9
appointing authority or the cabinet's or agency's[his or her] designee, excluding the 10
day of the appearance, the cabinet head or agency or the cabinet's or agency's[his 11
or her] designee shall: 12
(a) Determine whether to dismiss the employee or to modify or rescind the intent 13
to dismiss; and 14
(b) Notify the employee in writing of the decision. 15
(7) If the appointing authority or the cabinet's or agency's[his or her] designee 16
determines that the employee shall be dismissed, the employee shall be notified in 17
writing of: 18
(a) The effective date of the employee's[his or her] dismissal; 19
(b) The specific reason for the dismissal, including: 20
1. The statutory, regulatory, or policy violation; 21
2. The specific action or activity on which the dismissal is based; 22
3. The date and place of the action or activity; and 23
4. The names of the parties involved; and 24
(c) That the employee[he or she] may appeal the dismissal to the board within 25
thirty (30) calendar days after receipt of this notification, excluding the day 26
the employee[he or she] receives notice. 27 UNOFFICIAL COPY 25 RS BR 1393
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(8) A classified employee with status who is demoted, suspended without pay, or 1
involuntarily transferred shall be notified in writing of: 2
(a) The demotion, suspension, or involuntary transfer; 3
(b) The effective date of the demotion, suspension, or involuntary transfer; 4
(c) The specific reason for the demotion, suspension, or involuntary transfer, 5
including: 6
1. The statutory, regulatory, or policy violation; 7
2. The specific action or activity on which the demotion, suspension, or 8
involuntary transfer is based; 9
3. The date and place of the action or activity; and 10
4. The names of the parties involved; and 11
(d) That the employee[he or she] has the right to appeal to the board within sixty 12
(60)[thirty (30)] calendar days, excluding the day that the employee[he or she] 13
received notification of the personnel action. 14
(9) Any unclassified employee who is dismissed, demoted, suspended without pay, or 15
involuntarily transferred for cause may, within sixty (60)[thirty (30)] calendar days 16
after the dismissal, demotion, suspension, or involuntary transfer, appeal to the 17
board for review thereof. 18
(10) (a) An employee whose position is reallocated shall be notified in writing by the 19
appointing authority of: 20
1. The reallocation or reclassification; and 21
2. If the reallocation or reclassification is to a lower grade, the 22
employee's[his or her] right to request reconsideration by the secretary 23
within ten (10) working days of receipt of the notice, excluding the day 24
the employee[he or she] receives notification. 25
(b) The employee shall file a written request for reconsideration of the 26
reallocation or reclassification to a lower grade with the secretary in a manner 27 UNOFFICIAL COPY 25 RS BR 1393
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and form prescribed by the secretary and shall be given a reasonable 1
opportunity to be heard by the secretary. The secretary shall make a 2
determination within sixty (60) calendar days after the request has been filed 3
by an employee. The secretary's determination shall be final and shall not be 4
appealable to the Personnel Board. 5
(11) (a) Any applicant, classified employee, or federally funded time-limited 6
employee may appeal to the board an action alleged to be based on 7
discrimination due to race, color, religion, national origin, sex, sexual 8
orientation, gender identity, disability, age forty (40) and above, or any other 9
category protected under state or federal civil rights laws. Nothing in this 10
section shall be construed to preclude any applicant, classified employee, or 11
unclassified employee from filing with the Kentucky Commission on Human 12
Rights a complaint alleging discrimination on the basis of race, color, religion, 13
national origin, sex, sexual orientation, gender identity, disability, or age in 14
accordance with KRS Chapter 344. 15
(b) Appeals alleging discrimination shall be filed within sixty (60)[thirty (30)] 16
calendar days after the alleged discriminatory action occurred. 17
(12) (a) Any applicant for classified employment under KRS Chapter 18A who has 18
been notified by the Personnel Cabinet that the applicant[he or she] did not 19
meet the minimum qualifications for a position may request reconsideration 20
from the secretary not more than ten (10) calendar days after the notification 21
was sent. The secretary's review and determination of the reconsideration 22
shall be completed within ten (10) calendar days from the receipt of the 23
request for reconsideration. The secretary's determination shall be final and 24
shall not be appealable to the Personnel Board. 25
(b) Any applicant for employment in a classified position under KRS Chapter 26
18A may appeal the hiring agency's nonselection based on an alleged 27 UNOFFICIAL COPY 25 RS BR 1393
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violation of appointment and promotion provisions contained in this chapter 1
or administrative regulations promulgated under this chapter to the board. The 2
appeal shall be filed not later than thirty (30) calendar days after the notice of 3
nonselection was mailed or sent electronically. 4
(13) When the name of an employee who qualifies for a position is[has his or her name] 5
removed from the register, the employee may petition the secretary for the 6
opportunity to be heard by the secretary or the secretary's[his or her] designee. The 7
petition shall be delivered to the secretary in writing or electronically no later than 8
ten (10) calendar days after the removal notification has been sent. The secretary's 9
decision shall be final and not appealable to the Personnel Board. 10
(14) (a) Appeals to the board shall be in writing on an appeal form prescribed by the 11
board. The Personnel Board shall be responsible for the distribution of these 12
forms. 13
(b) The appeal form shall be attached to any notice of dismissal, demotion, 14
suspension, or involuntary transfer. The appeal form shall instruct the 15
employee to state: 16
1. Whether the employee[he or she] is a classified or unclassified 17
employee;[,] 18
2. The employee's[his or her] full name;[,] 19
3. The employee's[his or her] appointing authority;[,] 20
4. The employee's work station address and telephone number;[,] 21
5. The employee's home address and personal telephone number, personal 22
email address;[,] and, 23
6. If the employee[he or she] has retained counsel at the time[ he or she 24
files] an appeal is filed, the name, address, and telephone number of the 25
employee's[his or her] attorney. 26
(c) The form shall also instruct a classified employee to state the action being 27 UNOFFICIAL COPY 25 RS BR 1393
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appealed[he or she is appealing] in a short, plain, concise statement of the 1
facts. The form shall instruct an unclassified employee to make a short, plain, 2
concise statement of the reason for the appeal and the cause given for the 3
employee's[his or her] dismissal, demotion, suspension, or involuntary 4
transfer. 5
(d) Any appeal form filed by a classified or unclassified employee shall identify 6
the statute, administrative regulation, or policy that was allegedly violated. 7
(e) Upon receipt of the appeal by the board, the appointing authority and the 8
Personnel Cabinet shall be notified and the board shall schedule a hearing. 9
(15) All administrative hearings conducted by the board shall be conducted in 10
accordance with KRS Chapter 13B. 11
(16) (a) The board shall deny a hearing to an employee who has failed to file an 12
appeal within the time prescribed by this section; and to an unclassified 13
employee who has failed to state the reasons for the appeal and the cause for 14
which the employee[he or she] has been dismissed, demoted, suspended 15
without pay, or involuntarily transferred. The board shall deny any appeal 16
after a preliminary hearing if it lacks jurisdiction to grant relief. The board 17
shall notify the employee of its denial in writing and shall inform the 18
employee of the[his or her] right to appeal the denial under the provisions of 19
KRS 18A.100. 20
(b) Any investigation by the board of any matter related to an appeal filed by an 21
employee shall be conducted only upon notice to the employee, the 22
employee's counsel, and the appointing authority. All parties to the appeal 23
shall have access to information produced by the investigations and the 24
information shall be presented at the hearing. 25
(17) Each appeal shall be decided individually, unless otherwise agreed by the parties 26
and the board. The board shall not: 27 UNOFFICIAL COPY 25 RS BR 1393
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(a) Employ class action procedures; or 1
(b) Conduct test representative cases. 2
(18) Board members shall abstain from public comment about a pending or impending 3
proceeding before the board. This shall not prohibit board members from making 4
public statements in the course of their official duties or from explaining for public 5
information the procedures of the board. 6
(19) An appeal to the board may be heard by the full board or one (1) or more of the 7
following: Its executive director, its general counsel, any nonelected member of the 8
board, or any hearing officer secured by the board pursuant to KRS 13B.030. 9
(20) (a) If the board finds that the action complained of was taken by the appointing 10
authority in violation of laws prohibiting favor for, or discrimination against, 11
or bias with respect to, the employee's[his or her] political or religious 12
opinions or affiliations or ethnic origin, or in violation of laws prohibiting 13
discrimination because of such individual's sex or age or disability, the 14
appointing authority shall immediately reinstate the employee to the 15
employee's[his or her] former position or a position of like status and pay, 16
without loss of pay for the period of time at issue, or otherwise make the 17
employee whole unless the order is stayed by the board or the court on appeal. 18
(b) If the board finds that the action complained of was taken without just cause, 19
the board shall order the immediate reinstatement of the employee to the 20
employee's[his or her] former position or a position of like status and pay, 21
without loss of pay for the period of time at issue, or otherwise make the 22
employee whole unless the order is stayed by the board or the court on appeal. 23
(c) If the board finds that the action taken by the appointing authority was 24
excessive or erroneous in view of all the surrounding circumstances, the board 25
shall direct the appointing authority to modify or rescind the action at issue. 26
(d) In all other cases, the board shall direct the appointing authority to rescind the 27 UNOFFICIAL COPY 25 RS BR 1393
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action taken or otherwise grant specific relief or dismiss the appeal. 1
(21) If a final order of the board is appealed, a court may award reasonable attorney fees 2
to an employee who prevails by a final adjudication on the merits as provided by 3
KRS 453.260. This award shall not include attorney fees attributable to the hearing 4
before the board. 5
(22) When any employee is dismissed and not ordered reinstated after the appeal, the 6
board in its discretion may direct that the employee's[his or her] name be placed on 7
an appropriate reemployment list for employment in any similar position other than 8
the one from which the employee[he or she] had been removed. 9
(23) After a final decision has been rendered by the board or court, an employee who 10
prevails in an[his or her] appeal may be credited with the amount of leave time 11
used for time spent at the[his or her] hearing before the board or court. Employees 12
who had an insufficient amount of leave time shall be credited with leave time 13
equal to the amount of time spent at their hearings before the board or court. 14
(24) If the appointing authority appeals the final order of the board, unless the board 15
rules otherwise, the reinstated employee shall remain in the employee's[his or her] 16
former position, or a position of like status or pay, until the conclusion of the 17
appeals process, at which time the appointing authority shall take action in 18
accordance with the court order. 19
(25) After a final decision in a contested case has been rendered by the last 20
administrative or judicial body to which the case has been appealed, the board shall 21
make the decision available to the public in electronic format on its website and 22
shall organize the decisions according to the statutory basis for which the appeal 23
was based. 24
(26) Appeals concerning dismissals of classified employees with status shall take 25
precedence for hearings before the board over all other appeals. 26
(27) Any classified or unclassified employee as defined in KRS 18A.005 who is not 27 UNOFFICIAL COPY 25 RS BR 1393
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restored to a position pursuant to KRS 61.371 to 61.377, or who is dismissed 1
without cause within one (1) year after reinstatement, may appeal to the Personnel 2
Board. The appeal shall be filed in writing with the executive director of the board 3
not later than thirty (30) days after the notification of the action in question has 4
been mailed or sent electronically. 5
(28) If an individual received a notice that does not comply with subsection (7)(c), 6
(8)(d), or (14)(b) of this section, or received no written or electronic notification of 7
his or her dismissal, demotion, suspension, or involuntary transfer pursuant to 8
subsection (7) or (8) of this section, the individual[he or she] shall file an[his or 9
her] appeal to the board within one hundred eighty (180) days of: 10
(a) Receipt of the written notice, if the individual[he or she] received a written 11
notice that does not comply with subsection (7)(c), (8)(d), or (14)(b) of this 12
section; or 13
(b) The alleged act, if the individual[he or she] did not receive written or 14
electronic notification of the alleged act in question. 15
(29) If a classified or unclassified employee refuses or fails to cooperate as a witness in 16
an agency, Personnel Cabinet, or board investigation, hearing, proceeding, or 17
inquiry, the employee may be subject to disciplinary action. 18
(30) Unless otherwise provided by this chapter, the board shall not have jurisdiction over 19
any appeal except as authorized by this section. 20