As a citizen you are afforded basic rights and liberties and these rights should be enforced in the workplace as well. You should be free to seek employment or to work in an environment absent of harassment or discrimination based on certain characteristics. There are federal laws in place which protect such rights and many states have their own laws as well. In Kentucky The Office of Workplace Standards is charged with enforcing Kentucky’s statutes, The Division of Employment Standards is responsible for various discrimination laws.
Kentucky (KY) Job Discrimination Law in the Workplace prohibits employers from discrimination in all aspects of employment from pre employment practices like advertising and recruitment to hiring and termination. Employers are prohibited from discriminating on the basis of race, color, national origin, gender, age, religion, disability, pregnancy, and family status. There is a special law in place in KY protecting those with HIV the same way that those with a disability are protected. An individual cannot be required to take a human immunodeficiency virus related test as a condition of hiring, promotion, or continued employment, unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question. Kentucky (KY) Job Discrimination Law in the Workplace then puts the burden of proof on the employer to demonstrate that a related test is necessary to determine whether an individual is currently able to perform the duties of a particular job or if the employee presents a significant risk of transmitting the virus during the regular course of work, and they also must prove that reasonable accommodations can not be provided short of requiring such a test.
(KY) Job Discrimination Law in the Workplace states that no employer shall fail or refuse to hire, discharge, or discriminate against any individual with a disability with respect to wages, rates of pay, hours, or other terms and conditions of employment because of the person’s disability.
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.
It is the law that employers in Kentucky have to be display the Kentucky state discrimination posters. The Kentucky state discrimination posters must be displayed in an area where employees are known to gather like a break room or a dining area. These posters are required by law to contain very specific information that is beneficial to the employees.
No worker in Kentucky can be discriminated against because of race, color, age, disability, religion, sex, or national origin. Workers who file a complaint are also protected from any type of retaliation. The Kentucky Commission on Human Rights is in charge of enforcing all anti-discrimination laws. Some examples of complaints the Commission investigates are: a person not being hired or promoted, a person being fired, a person being demoted, or a person being sexually harassed.
Any employer with at least eight employees must follow the laws that deal with discrimination. The eight employees had to be working for at least twenty weeks out of the calendar year for the current or previous year. To be held to the disability anti-discrimination laws, an employer must have at least fifteen employees.
A person who has been the victim of discrimination must file the complaint within one hundred and eighty days from the time the alleged incident took place. Failure to file the complaint within the allotted time will result in the complaint being dismissed.
Kentucky state discrimination posters must provide the employees with all the necessary information afforded by the law. The Kentucky state discrimination posters must be placed in an area where all employees will be able to see them. The Kentucky Commission on Human Rights ensures that these laws are followed. Employers who fail to display the proper information and/or fail to place the posters in the correct area, are in violation of the law and could face fines and penalties.
Under the Kenucky Wage Discrimination Act, it is unlawful to discriminate against workers because of their sex when it comes to paying wages. This law applies to employers with two or more employees, and includes employees of the state, as well as private workplace employees. Wage discrimination includes both wages and benefits.
I have read that an employer is prohibited from discriminating between employees of opposite sexes in the same workplace by paying different wage rates for comparable work on jobs which have comparable requirements. This prohibition covers any employee in any occupation in Kentucky. In order to comply with fair wage laws, the employer cannot reduce the wages of any employee.
No employer can discharge or discriminate against any employee because the employee initiates a complaint or assists in the enforcement of the law. An employee has six months to report any wage violations.
My research shows that there are some exceptions to the law. They include:
- A differential paid through an established seniority system or merit increase system if it does not discriminate on the basis of sex.
- Employers subject to the Fair Labor Standards Act of 1938 are excluded “when that act imposes comparable or greater requirements than contained” than this law. However, to be excluded, the employer must file a statement that he is covered by the Fair Labor Standards Act of 1938.
Any employer who violates this Act is liable to the employee or employees affected in the amount of the unpaid wages. If the employer violates this Act willfully, he is liable for an additional damages. The court may order other appropriate action, including reinstatement of employees discharged in violation of this Act. An agreement between an employer and employee to work for less than the wage to which such employee is entitled is not a guarantee against any legal action or voluntary wage restitution.
I understand that all employers subject to the Louisiana Equal Wage Act must place a poster outlining the provisions of the law in the workplace.
The Kentucky Civil Rights Act makes it illegal for an employer to discriminate on the basis of race, color, religion, national origin, sex, age (forty and over), or disability. Kentucky also protects individuals who are smokers or nonsmokers, as long as the person complies with any workplace policy concerning smoking. Separate statutes also provide protection against discrimination on the basis of AIDS or HIV status and black lung disease.
My research shows that discrimination is defined as am employer:
refusing to hire, or discharging any individual, or discriminating against an individual with respect to compensation, terms, conditions, or privileges of employment,
limiting, segregating, or classifying employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect status as an employee,
requiring as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products outside the course of employment, as long as the person complies with any workplace policy concerning smoking.
The Kentucky anti-discrimination statute covers some smaller employers not covered by federal law. An employee in a company with between 8 and 14 employees may wish to file with the Kentucky Commission on Human Rights. The federal Equal Employment Opportunity Commission enforces federal law, which covers only employers with 15 or more employees.
I have read that a discrimination claim can be filed either with the state with the federal Equal Employment Opportunity Commission (EEOC). Filing a claim with both agencies is unnecessary, as long as the employee indicates they want to “cross-file” the claim with the other agency. Filing with the state is not required to pursue a discrimination claim directly in court. If a worker does not have an attorney, however, they may wish to see whether the state can assist in resolving a claim without filing in court. Complaints must be filed within 180 days of the date an employee believes they were discriminated against.
Employers must place the Kentucky Discrimination poster in a prominent place in their work area.