labor lawAdivision of labor law center

The Kentucky sexual discrimination law in the workplace is covered under the Kentucky Civil Rights Act. This law prohibits employers (those employing eight or more employees) from discriminating against employees and potential employees on the basis of sex. This makes the Kentucky state law stricter than the federal Title VII law because Title VII only applies to those employers with fifteen or more employees.

This means that employers are not allowed to make decisions of hiring, firing or promotion based on sex. Also covered under the Kentucky Civil Rights Act is the prohibition of sexual harassment and discrimination based on pregnancy.

You must file any complaint within 180 days of the alleged discriminatory act. To do so, you can call or email the Kentucky Commission on Human Rights and fill out a complaint form on which you’ll need to provide information about yourself, your employer and the incident. Before it’s officially filed with the Commission, you must have it sworn in by a notary public.

After your complaint is officially filed, you will be assigned an investigator who will make the decision as to whether there is reasonable cause to believe you’ve been discriminated against. If the investigator does find reasonable cause, you and your employer will enter a settlement phase. If the negotiations fail, your case will then go to public hearing.

If you’d prefer to skip the Commission’s investigation you can file your case directly with the state courts without first going through the Commission. However, if you’d prefer to file your case in federal courts, you must request a “Right to Sue” letter through the EEOC before proceeding.

It’s important that employers and employees stay informed of their responsibilities and rights within the workplace. Employers should also always keep an updated Kentucky Complete Labor Law poster posted in the workplace.

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