Kentucky Civil Rights Act

KRS 344.010 Definitions for chapter.

In this chapter:

(1) "Person" includes one (1) or more individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, fiduciaries, receivers, or other legal or commercial entity; the state, any of its political or civil subdivisions or agencies.

(2) "Commission" means the Kentucky Commission on Human Rights.

(3) "Commissioner" means a member of the commission.

(4) "Disability" means, with respect to an individual:

(a) A physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment. Persons with current or past controlled substances abuse or alcohol abuse problems and persons excluded from coverage by the Americans with Disabilities Act of 1990 (P.L. 101-336) shall be excluded from this section.

(5) "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under this chapter.

(6) "Real property" includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above.

(7) "Housing accommodations" includes improved and unimproved property and means any building, structure, lot or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied as the home or residence of one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building or structure.

(8) "Real estate operator" means any individual or combination of individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, or other legal or commercial entity, the county, or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting, or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate; or an individual employed by or acting on behalf of any of these.

(9) "Real estate broker" or "real estate salesman" means any individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds himself out as engaged in these activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance upon a transfer of real estate, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, exchange, rental, or lease of real estate through its listing in a publication issued primarily for this purpose; or any person employed by or acting on behalf of any of these.

(10) "Financial institution" means bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed by or acting on behalf of any of these.

(11) "Licensing agency" means any public or private organization which has as one (1) of its duties the issuing of licenses or the setting of standards which an individual must hold or must meet as a condition to practicing a particular trade or profession or to obtaining certain employment within the state or as a condition to competing effectively with an individual who does hold a license or meet the standards.

(12) "Credit transaction" shall mean any open or closed end credit transaction whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the course of the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations, or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or services therefrom may be deferred.

(13) "To rent" means to lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(14) "Family" includes a single individual.

(15)

(a) "Familial status" means one (1) or more individuals who have not attained the age of eighteen (18) years and are domiciled with:

1. A parent or another person having legal custody of the individual or individuals; or

2. The designee of a parent or other person having custody, with the written permission of the parent or other person.

(b) The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

(16) "Discriminatory housing practice" means an act that is unlawful under KRS 344.360, 344.367, 344.370, 344.380, or 344.680.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 1, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 104, sec. 1. -- Amended 1972 Ky. Acts ch. 255, sec. 1. -- Amended 1968 Ky. Acts ch. 167, sec. 1. -- Created 1966 Ky. Acts ch. 2, Art. 2, sec. 201.

KRS 344.015 Implementation plans for Federal Civil Rights Act, Title VI by state agencies.

(1) As used in this section, "state agency" means any department or administrative body of state government, as defined in KRS 12.010, that is subject to the requirements of Title VI of the Federal Civil Rights Act of 1964, 42 U.S.C. secs. 2000d et seq., and regulations promulgated thereunder.

(2) Each state agency shall:

(a) Develop a Title VI implementation plan by January 1, 1995. If required by Title VI or regulations promulgated thereunder, the implementation plan shall:

1. Be developed with the participation of protected beneficiaries; and

2. Include Title VI implementation plans of any subrecipients of federal funds through the state agency;

(b) Submit a copy of the implementation plan to the Auditor of Public Accounts and the Human Rights Commission; and

(c) Submit annual Title VI compliance reports and any implementation plan updates to the Auditor of Public Accounts and the Human Rights Commission by July 1, 1995, and each July 1 thereafter.

(3) The Auditor of Public Accounts shall prepare a report on the actions which state agencies are required to take to implement Title VI, and a report summarizing and evaluating, relative to the required implementation actions, the initial state agency implementation plans and including audit findings from the Auditor of Public Accounts field reviews. The Auditor of Public Accounts shall transmit the reports to the Governor, the Human Rights Commission, the Legislative Research Commission, and each state agency. The Auditor of Public Accounts may prescribe the report format, procedure, and time frame for purposes of complying with this subsection. The prescribed format, procedure, and time frame shall be established by administrative regulation pursuant to KRS Chapter 13A.

(4) In addition to being available from the promulgating state agency, all implementation plans, reports, and updates required by and submitted under subsection (2) of this section shall be available for inspection and copying under KRS 61.870 to 61.884 in the offices of the Auditor of Public Accounts.

(5) In any annual audit made of a state agency under KRS 43.050, the Auditor of Public Accounts shall determine whether the state agency has complied with subsection (2) of this section and shall include the determination in the audit report.

(6) To the extent permitted by federal law or regulation, any increased costs incurred by a state agency, the Auditor of Public Accounts, or the Human Rights Commission under this section shall be paid from any available federal funds that may be used for implementation of Title VI of the Federal Civil Rights Act of 1964.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 204, sec. 1, effective July 15, 1994.

KRS 344.020 Purposes and construction of chapter -- Effect.

(1) The general purposes of this chapter are:

(a) To provide for execution within the state of the policies embodied in the Federal Civil Rights Act of 1964 as amended (78 Stat. 241), Title VIII of the Federal Civil Rights Act of 1968 (82 Stat. 81), the Fair Housing Act as amended (42 U.S.C. 360), the Federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), the Americans with Disabilities Act of 1990 (P.L. 101- 336), and the Civil Rights Act of 1991 as amended (P.L. 102-166, amended by P.L. 102-392);

(b) To safeguard all individuals within the state from discrimination because of familial status, race, color, religion, national origin, sex, age forty (40) and over, or because of the person's status as a qualified individual with a disability as defined in KRS 344.010 and KRS 344.030; thereby to protect their interest in personal dignity and freedom from humiliation, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest which would menace its democratic institutions, to preserve the public safety, health, and general welfare, and to further the interest, rights, and privileges of individuals within the state;

(c) To establish as the policy of the Commonwealth the safeguarding of the rights of an individual selling or leasing his primary residence through private sale without the aid of any real estate operator, broker, or salesman and without advertising or public display.

(2) This chapter shall be construed to further the general purposes stated in this section and the special purposes of the particular provision involved.

(3) Nothing in this chapter shall be construed as indicating an intent to exclude local laws on the same subject matter not inconsistent with this chapter.

(4) Nothing contained in this chapter shall be deemed to repeal any other law of this state relating to discrimination because of familial status, race, color, religion, national origin, sex, age forty (40) and over, or because of the person's status as a qualified individual with a disability as defined in KRS 344.030.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 2, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 2, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 104, sec. 2. -- Amended 1972 Ky. Acts ch. 255, sec. 2. -- Amended 1968 Ky. Acts ch. 167, sec. 2. - - Created 1966 Ky. Acts ch. 2, Art. 1, sec. 101, Art. 6, sec. 604(a), and Art. 7, sec. 707.

KRS 344.025 Construction of KRS Chapter 18A.

No provision in KRS Chapter 18A shall be construed to preclude any classified or unclassified state employee from appealing to the personnel board any action alleged to be in violation of laws prohibiting discrimination based on a person's status as a qualified individual with a disability, sex, age, religion, or race or national origin, in accordance with this chapter.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 3, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 494, sec. 27, effective July 15, 1986.

KRS 344.030 Definitions for KRS 344.030 to 344.110.

For the purposes of KRS 344.030 to 344.110:

(1) "Qualified individual with a disability" means an individual with a disability as defined in KRS 344.010 who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's disability without undue hardship on the conduct of the employers' business. Consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job;

(2) "Employer" means a person who has eight (8) or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year and an agent of such a person, except for purposes of determining accommodations for an employee's own limitations related to her pregnancy, childbirth, or related medical conditions, employer means a person who has fifteen (15) or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year and any agent of the person, and, except for purposes of determining discrimination based on disability, employer means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of that person, except that, for two (2) years following July 14, 1992, an employer means a person engaged in an industry affecting commerce who has twenty-five (25) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding year, and any agent of that person. For the purposes of determining discrimination based on disability, employer shall not include:

(a) The United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or

(b) A bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501(c) of the Internal Revenue Service Code of 1986;

(3) "Employment agency" means a person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such person;

(4) "Labor organization" means a labor organization and an agent of such an organization, and includes an organization of any kind, an agency or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization;

(5)

(a) "Employee" means an individual employed by an employer, but does not include an individual employed by his parents, spouse, or child, or an individual employed to render services as a domestic in the home of the employer.

(b) Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose under this chapter.

(c) Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisor, neither a franchisor nor a franchisor's employee shall be deemed to be an employee of the franchisee for any purpose under this chapter.

(d) For purposes of this subsection, "franchisee" and "franchisor" have the same meanings as in 16 C.F.R. sec. 436.1;

(6) "Reasonable accommodation":

(a) Means making existing facilities used by employees readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities; and

(b) For an employee's own limitations related to her pregnancy, childbirth, or related medical conditions, may include more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, appropriate seating, temporary transfer to a less strenuous or less hazardous position, job restructuring, light duty, modified work schedule, and private space that is not a bathroom for expressing breast milk;

(7) "Religion" means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business;

(8)

(a) The terms "because of sex" and "on the basis of sex" include but are not limited to because of or on the basis of pregnancy, childbirth, or related medical conditions, and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.

(b) "Related medical condition" includes but is not limited to lactation or the need to express breast milk for a nursing child and has the same meaning as in the Pregnancy Discrimination Act, 42 U.S.C. sec. 2000e(k), and shall be construed as that term has been construed under that Act; and

(9) "Undue hardship," for purposes of disability discrimination or limitations due to pregnancy, childbirth, or related medical conditions as described in KRS 344.040(1)(c), means an action requiring significant difficulty or expense, when considered in light of the following factors:

(a) The nature and cost of the accommodation needed;

(b) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at the facility; the effect on expenses and resources; or the impact otherwise of such accommodation upon the operation of the facility;

(c) The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; and the number, type, and location of its facilities;

(d) The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity; and

(e) In addition to paragraphs (a) to (d) of this subsection, for pregnancy, childbirth, and related medical conditions, the following factors:

1. The duration of the requested accommodation; and

2. Whether similar accommodations are required by policy to be made, have been made, or are being made for other employees due to any reason.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 200, sec. 1, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 24, sec. 5, effective June 29, 2017. -- Amended 1994 Ky. Acts ch. 378, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 4, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 3, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 187, sec. 1. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 301.

Legislative Research Commission note (editorial, not part of the statute): Note (6/27/2019). 2019 Ky. Acts ch. 200, sec. 3, provides that 2019 Ky. Acts ch. 200 may be cited as the Kentucky Pregnant Workers Act. This statute was amended in Section 1 of that Act.

KRS 344.040 Unlawful discrimination by employers -- Difference in health plan contribution rates for smokers and nonsmokers and benefits for smoking cessation program participants excepted.

(1) It is an unlawful practice for an employer:

(a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking;

(b) To limit, segregate, or classify employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect status as an employee, because of the individual's race, color, religion, national origin, sex, or age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking;

(c) To fail to make reasonable accommodations for any employee with limitations related to pregnancy, childbirth, or a related medical condition who requests an accommodation, including but not limited to the need to express breast milk, unless the employer can demonstrate the accommodation would impose an undue hardship on the employer's program, enterprise, or business. The following shall be required as to reasonable accommodations:

1. An employee shall not be required to take leave from work if another reasonable accommodation can be provided;

2. The employer and employee shall engage in a timely, good faith, and interactive process to determine effective reasonable accommodations; and

3. If the employer has a policy to provide, would be required to provide, is currently providing, or has provided a similar accommodation to other classes of employees, then a rebuttable presumption is created that the accommodation does not impose an undue hardship on the employer; or

(d) To require 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.

(2)

(a) A difference in employee contribution rates for smokers and nonsmokers in relation to an employer-sponsored health plan shall not be deemed to be an unlawful practice in violation of this section.

(b) The offering of incentives or benefits offered by an employer to employees who participate in a smoking cessation program shall not be deemed to be an unlawful practice in violation of this section.

(3)

(a) An employer shall provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions, including the right to reasonable accommodations, to:

1. New employees at the commencement of employment; and

2. Existing employees not later than thirty (30) days after June 27, 2019.

(b) An employer shall conspicuously post a written notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions, including the right to reasonable accommodations, at the employer's place of business in an area accessible to employees.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 200, sec. 2, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 126, sec. 3, effective July 15, 2010. -- Amended 1994 Ky. Acts ch. 378, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 5, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 388, sec. 2, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 245, sec. 4, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 255, sec. 3. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 302.

Legislative Research Commission note (editorial, not part of the statute): Note (6/27/2019). 2019 Ky. Acts ch. 200, sec. 3, provides that 2019 Ky. Acts ch. 200 may be cited as the Kentucky Pregnant Workers Act. This statute was amended in Section 2 of that Act. Note (10/19/2004). 2004 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 4, sets forth different employee contribution rates to the state health insurance plan for the period January 1, 2005, through December 31, 2005, for smokers and nonsmokers and provides, "A difference in employee contribution rates for smokers and nonsmokers under this plan shall not be deemed to be an unlawful practice in violation of KRS 344.040."

KRS 344.045 Employment practices prohibited.

In effectuating the purposes of this chapter no employer, as defined in KRS 344.030, shall establish any employment practices affecting the terms, conditions, and privileges of employment in derogation of an established seniority system or which contravenes an existing collective bargaining agreement.

History: Created 1976 Ky. Acts ch. 285, sec. 2.

KRS 344.050 Discrimination by employment agencies.

(1) It is an unlawful practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, an individual because of his race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, or to classify or refer for employment an individual on the basis of disability, race, color, religion, national origin, sex, or age between forty (40) and seventy (70).

(2) It is an unlawful practice for a licensing agency to refuse to license, or to bar or terminate from licensing an individual because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 5, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 282, sec. 6, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 5, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 255, sec. 4. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 303.

KRS 344.060 Discrimination by labor organizations.

It is an unlawful practice for a labor organization:

(1) To exclude or to expel from its membership, or otherwise to discriminate against, a member or applicant for membership because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability.

(2) To limit, segregate, or classify its membership, or to classify or fail to refuse to refer for employment an individual, in any way which would deprive or tend to deprive an individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect the status as an employee or as an applicant for employment, because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability.

(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 6, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 7, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 6, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 255, sec. 5. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 304.

KRS 344.070 Discrimination in apprenticeship or training.

It is an unlawful practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against an individual because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability in admission to or employment in, any program established to provide apprenticeship or other training.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 8, effective July 14, 1992. -- Amended 1972 Ky. Acts ch. 255, sec. 6. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 305.

KRS 344.080 Regulation of advertisement for employment.

It is an unlawful practice for an employer, labor organization, licensing agency, or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by the employment or licensing agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, except that such a notice or advertisement may indicate a preference, limitation, or specification based on religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, when religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, is a bona fide occupational qualification for employment.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 8, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 9, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 7, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 255, sec. 7. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 306.

KRS 344.090 Religion or national origin, employment discrimination not unlawful in certain cases.

Notwithstanding any other provisions of KRS 344.030 to 344.110, it is not an unlawful practice for:

(1) An employer to hire and employ employees, or an employment agency to classify, or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ an individual in any such program, on the basis of his religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

(2) A religious corporation, association, or society to employ an individual on the basis of his religion to perform work connected with the carrying on by such corporation, association, or society of its religious activity.

(3) A school, college, university, or other educational institution to hire and employ employees of a particular religion if the school, college, university, or other educational institution is, in whole or substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion and the choice of employees is calculated by such organization to promote the religious principles for which it is established or maintained.

History: Created 1966 Ky. Acts ch. 2, Art. 3, sec. 308.

KRS 344.100 Discrimination in wages or conditions not unlawful when made on basis other than race, color, religion, national origin, sex, or age forty and over, or because person is a qualified individual with a disability.

Notwithstanding any other provision of this chapter, it is not an unlawful practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that the test, its administration or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 9, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 10, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 8, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 255, sec. 8. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 309.

KRS 344.110 Preference because of imbalance in employment not required.

(1) Nothing contained in this chapter requires an employer, employment agency, labor organization, or joint labor-management committee subject to this chapter to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, employed by an employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by a labor organization, or admitted to, or employed in, an apprenticeship or other training program, in comparison with the total number or percentage of persons of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, in the state or a community, section, or other area, or in the available workforce in the state or a community, section, or other area.

(2) Nothing contained in this chapter shall prohibit:

(a) Minimum hiring ages otherwise provided by law.

(b) State compliance with federal regulations.

(c) Termination of the employment of any person who is unable to perform the essential functions of the job, with or without reasonable accommodation.

(d) Any post-job-offer physical or medical examinations of applicants or employees which an employer requires to determine their ability to perform the essential functions of the job, with or without reasonable accommodation.

(e) An employer, labor organization, or employment agency from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan shall excuse the failure to hire any individual.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 10, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 11, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 9, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 255, sec. 9. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 310.

KRS 344.120 Refusal to rent or sell public accommodations unlawful.

Except as otherwise provided in KRS 344.140 and 344.145, it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined in KRS 344.130, on the ground of disability, race, color, religion, or national origin.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 12, effective July 14, 1992. -- Created 1966 Ky. Acts ch. 2, Art. 4, sec. 401.

KRS 344.130 Definition of "place of public accommodation, resort, or amusement" for chapter -- Exceptions.

As used in this chapter, unless the context requires otherwise, "place of public accommodation, resort, or amusement" includes any place, store, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly or indirectly by government funds, except that:

(1) A private club is not a "place of public accommodation, resort, or amusement" if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests;

(2) "Place of public accommodation, resort, or amusement" does not include a rooming or boarding house containing not more than one (1) room for rent or hire and which is within a building occupied by the proprietor as his residence; and

(3) "Place of public accommodation, resort, or amusement" does not include a religious organization and its activities and facilities if the application of KRS 344.120 would not be consistent with the religious tenets of the organization, subject to paragraphs (a), (b), and (c) of this subsection.

(a) Any organization that teaches or advocates hatred based on race, color, or national origin shall not be considered a religious organization for the purposes of this subsection.

(b) A religious organization that sponsors nonreligious activities that are operated and governed by the organization, and that are offered to the general public, shall not deny participation by an individual in those activities on the ground of disability, race, color, religion, or national origin.

(c) A religious organization shall not, under any circumstances, discriminate in its activities or use of its facilities on the ground of disability, race, color, or national origin.

Effective: July 14, 2000

History: Amended 2000 Ky. Acts ch. 404, sec. 1, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 308, sec. 59. -- Amended 1972 Ky. Acts ch. 255, sec. 10. -- Created 1966 Ky. Acts ch. 2, Art. 4, sec. 402.

KRS 344.140 Regulation of advertisement of goods, services, and accommodations.

It is an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or mailed, a written, printed, oral, or visual communication, notice, or advertisement, which indicates that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement will be refused, withheld from, or denied an individual on account of disability, race, color, religion, or national origin, or that the patronage of, or presence at, a place of public accommodation, resort, or amusement, of an individual, on account of disability, race, color, religion, or national origin is objectionable, unwelcome, unacceptable, or undesirable.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 13, effective July 14, 1992. -- Created 1966 Ky. Acts ch. 2, Art. 4, sec. 403.

KRS 344.145 Denial, because of sex, of equal enjoyment of restaurants, hotels, motels or facilities supported by government funds prohibited.

(1) It shall be an unlawful practice to deny an individual, because of sex, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a restaurant, hotel, motel, or any facility supported directly or indirectly by government funds.

(2) The provisions of this section shall not apply to:

(a) Restrooms, shower rooms, bath houses and similar facilities which are in their nature distinctly private;

(b) YMCA, YWCA and similar type dormitory lodging facilities;

(c) The exemptions contained in KRS 344.130;

(d) Hospitals, nursing homes, penal or similar facilities, to require that men and women be in the same room.

Effective: July 13, 1984

History: Amended 1984 Ky. Acts ch. 155, sec. 1, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 104, sec. 6.

KRS 344.150 Establishment of commission -- Membership -- Terms.

There is hereby created a Commission on Human Rights. The commission shall consist of eleven (11) members, one (1) to be appointed from each Supreme Court district and four (4) from the state at large. The Governor shall appoint all members, and shall name one (1) member as chairman. Of the eleven (11) members first appointed, three (3) shall serve for one (1) year, four (4) for two (2) years, and four (4) for three (3) years. Thereafter all members of the commission shall be appointed for three (3) years, and shall continue to serve until reappointed or replaced. In the event of the death or resignation of a member, his successor shall be appointed to serve the unexpired term for which such member had been appointed.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 235, sec. 8, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 384, sec. 577, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 311, sec. 1. -- Created 1960 Ky. Acts ch. 76, sec. 2. Formerly codified as KRS 19.020.

KRS 344.160 Members, qualifications, compensation.

(1) The members of the Commission on Human Rights established by KRS 344.150 shall be appointed on a bipartisan basis and shall be broadly representative of employers, proprietors, trade unions, religious groups, human rights groups, and the general public.

(2) Each member is entitled to reimbursement of expenses incurred in the performance of his duties and when serving as a hearing examiner shall be compensated at a per diem rate to be established by the secretary of the Personnel Cabinet.

(3) Each member shall receive sixty-five dollars ($65) per day for attending meetings of the commission in addition to the reimbursement of expenses authorized in subsection (2) of this section.

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 154, sec. 95, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 378, sec. 11, effective July 15, 1994. -- Amended 1978 Ky. Acts ch. 154, sec. 38, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 501.

KRS 344.170 Commission's function.

The function of the commission shall be to encourage fair treatment for, to foster mutual understanding and respect among and to discourage discrimination against any racial or ethnic group or its members.

History: Created 1960 Ky. Acts ch. 76, sec. 3. Formerly codified as KRS 19.030.

KRS 344.180 Commission's powers and duties.

The powers and duties of the commission shall be:

(1) To employ an executive director and other necessary personnel within the limits of funds made available;

(2) To conduct research projects or make studies into and publish reports on discrimination in Kentucky;

(3) To receive and investigate complaints of discrimination and to recommend ways of eliminating any injustices occasioned thereby;

(4) To hold public hearings and request the attendance of witnesses;

(5) To cooperate with other organizations, public and private, to discourage discrimination;

(6) To encourage fair treatment for all persons regardless of race or national ancestry;

(7) To make an annual report to the Governor of its activities under this chapter.

History: Created 1960 Ky. Acts ch. 76, sec. 4. Formerly codified as KRS 19.040.

KRS 344.190 Additional powers and duties.

In the enforcement of this chapter, the Commission on Human Rights shall have the following powers and duties:

(1) To maintain an office in the city of Louisville and other offices within the state as may be deemed necessary.

(2) To meet and exercise its powers at any place within the Commonwealth.

(3) Within the limitations provided by law, to appoint an executive director, attorneys, hearing examiners, clerks, and other employees and agents as it may deem necessary. At the direction of the commission, attorneys appointed under this section may appear for and represent the commission in any court. The commission may, by written order, delegate the authority given by this subsection to its executive director, except as that authority relates to the appointment of its executive director.

(4) To promote the creation of local commissions on human rights, to cooperate with state, local, and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies.

(5) To cooperate with the United States Equal Employment Opportunity Commission, created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), in order to achieve the purposes of that act, and with other federal and local agencies in order to achieve the purposes of that act, and with other federal and local agencies in order to achieve the purposes of this chapter.

(6) To accept gifts or bequests, grants, or other payments, public or private, to help finance its activities.

(7) To accept reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241) for services rendered to assist the Federal Equal Employment Opportunity Commission.

(8) To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon complaints alleging violations of this chapter.

(9) At any time after a complaint is filed, to require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person or by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing any member or individual designated to exercise these powers in the performance of official duties.

(10) To furnish technical assistance requested by persons subject to this chapter to further their compliance with this chapter or an order issued thereunder.

(11) To make studies appropriate to effectuate the purposes and policies of this chapter and to make the results thereof available to the public.

(12) To render annual written reports to the Governor and the Legislature. The reports may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter.

(13) To create local or statewide advisory agencies that in its judgment will aid in effectuating the purpose of this chapter. The commission may empower these agencies (a) to study and report on problems of discrimination because of race, color, religion, or national origin, (b) to foster, through community effort or otherwise, goodwill among the groups and elements of the population of the state, and (c) to make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter. Members of such committees shall serve without pay but shall be reimbursed for expenses incurred in such service. The commission may make provision for technical and clerical assistance to the committees.

(14) To adopt, promulgate, amend, and rescind regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the commission.

(15) To purchase liability insurance for the protection of all members of the commission to protect them from liability arising in the course of pursuing their duties as members of the commission and for all full-time employees to protect them from liability arising in the course or scope of their employment. This insurance shall be purchased with money contained in the agency appropriated budget.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 12, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 320, sec. 1, effective July 13, 1990. -- Amended 1968 Ky. Acts ch. 167, sec. 8. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 502.

KRS 344.200 Complaints of discrimination -- Procedure -- Conciliation agreements -- Enforcement.

(1) An individual claiming to be aggrieved by an unlawful practice other than a discriminatory housing practice, a member of the commission, or the Attorney General may file with the commission a written sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the commission to identify the persons charged (referred to as the respondent in this section, KRS 344.210, 344.230, and 344.240). The commission shall make reasonable accommodations to assist persons with disabilities in filing a written sworn complaint. The commission staff or a person designated pursuant to its administrative regulations shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within five (5) days furnish the respondent with a copy of the complaint. The complaint must be filed within one hundred eighty (180) days after the alleged unlawful practice occurs.

(2) The commission or an individual designated pursuant to its administrative regulations shall determine within thirty (30) days after the complaint has been filed whether there is probable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the complainant, the respondent, the Attorney General, and any other public officers and persons that the commission deems proper.

(3) The complainant, within ten (10) days after receiving a copy of the order dismissing the complaint, may file with the commission an application for reconsideration of the order. Upon receiving a reconsideration application, the commission or an individual designated pursuant to administrative regulation shall make a new determination within ten (10) days whether there is probable cause to believe that the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and furnishing a copy of the order to the complainant, the respondent, the Attorney General, and any other public officers and persons that the commission deems proper.

(4) If the staff determines, after investigation, or if the commission determines after the review provided for in subsection (3) of this section that there is probable cause to believe that the respondent has engaged in an unlawful practice, the commission staff shall endeavor to eliminate the alleged unlawful practice by conference, conciliation, and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make any further provisions as may be agreed upon between the commission or its staff and the respondent. If a conciliation agreement is entered into, the commission shall issue and serve on the complainant an order stating its terms. A copy of the order shall be delivered to the respondent, the Attorney General, and any other public officers and persons that the commission deems proper. Except for the terms of the conciliation agreement, neither the commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation, or persuasion whether or not there is a determination of probable cause or a conciliation agreement.

(5) At the expiration of one (1) year from the date of a conciliation agreement, and at other times in its reasonable discretion, the commission staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. Upon a finding that the terms of the agreement are not being complied with by the respondent, the commission shall take whatever action it deems appropriate to assure compliance.

(6) At any time after a complaint is filed, the commission may file an action in the Circuit Court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or has his principal place of business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings including an order or decree restraining him from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court shall have power to grant temporary relief or a restraining order as it deems just and proper.

(7) Nothing in this section shall apply to any discriminatory housing practice.

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 40, sec. 1, effective June 24, 2015. -- Amended 1996 Ky. Acts ch. 318, sec. 317, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 282, sec. 14, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 311, sec. 2. - - Amended 1974 Ky. Acts ch. 187, sec. 2. -- Amended 1972 Ky. Acts ch. 255, sec. 11. -- Amended 1968 Ky. Acts ch. 167, sec. 9. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 503.

KRS 344.210 Notice of complaint -- Hearing procedures.

(1) Within sixty (60) days after a complaint other than a complaint alleging a discriminatory housing practice is filed, unless the commission has issued an order dismissing the complaint or stating the terms of a conciliation agreement or within thirty (30) days after an application for review is filed under subsection (3) of KRS 344.200, the commission shall serve on the respondent by certified mail a written notice, together with a copy of the complaint as it may have been amended, requiring the respondent to answer the allegations of the complaint at a hearing held in accordance with this chapter and the provisions of KRS Chapter 13B. A copy of the notice shall be furnished to the complainant, the Attorney General, and any other public officers and persons that the commission deems proper.

(2) A member of the commission who filed the complaint or endeavored to eliminate the alleged unlawful practice by conference, conciliation, or persuasion shall not participate in the hearing or in the subsequent deliberation of the commission.

(3) The respondent shall file an answer with the commission by certified mail within twenty (20) days after receipt by the respondent of service under KRS 344.200. The commission or the complainant may amend a complaint and the respondent may amend an answer at any time prior to the issuance of final order pursuant to this section based on the complaint, but no final order shall be issued unless the respondent has had the opportunity of a hearing on the complaint or amendment on which the final order is based.

(4) An administrative hearing on a discriminatory housing practice shall be held pursuant to this section and KRS 344.640 and administrative regulations promulgated pursuant to this chapter.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 318, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 378, sec. 13, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 15, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 155, sec. 2, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 114, sec. 96, effective July 15, 1980. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 504.

KRS 344.220 Documentary evidence, effect.repealed

Repealed, 1996.

History: Repealed 1996 Ky. Acts ch. 318, sec. 357 effective July 15, 1996. -- Created 1966 Ky. Acts ch. 2, Art. 6, sec. 605.

KRS 344.230 Orders of commission -- Nature of affirmative action.

(1) If the commission determines that the respondent has not engaged in an unlawful practice, the commission shall issue a final order in accordance with the provisions of KRS Chapter 13B dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, the Attorney General, and any other public officers and persons that the commission deems proper.

(2) If the commission determines that the respondent has engaged in an unlawful practice, the commission shall issue a final order requiring the respondent to cease and desist from the unlawful practice and to take affirmative action as in the judgment of the commission will carry out the purposes of this chapter. A copy of the final order shall be delivered to the respondent, the complainant, the Attorney General, and to any other public officers and persons that the commission deems proper.

(3) Affirmative action ordered under this section may include, but is not limited to:

(a) Hiring, reinstatement, or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

(b) Admission or restoration of individuals to union membership, admission to or participation in a guidance program, apprenticeship training program, on-the- job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs.

(c) Admission of individuals to a place of public accommodation, resort, or amusement.

(d) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent.

(e) Reporting as to the manner of compliance.

(f) Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission.

(g) Sale, exchange, lease, rental, assignment, or sublease of real property to an individual.

(h) Payment to the complainant of damages for injury caused by an unlawful practice including compensation for humiliation and embarrassment, and expense incurred by the complainant in obtaining alternative housing accommodations and for other costs actually incurred by the complainant as a direct result of an unlawful practice.

(4) The commission may publish or cause to be published the names of persons who have been determined to have engaged in an unlawful practice.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 319, effective July 15, 1996. -- Amended 1974 Ky. Acts ch. 187, sec. 3. -- Created 1966 Ky. Acts ch. 2, Art. 5, secs. 505 and 506.

KRS 344.240 Scope of and procedure for judicial review --Hearing -- Appeal.

(1) Any complainant, respondent, or intervenor aggrieved by a final order of the commission, including a final order dismissing any complaint or stating the terms of a conciliation agreement, may obtain judicial review, and the commission may obtain an order of the court for enforcement of its final order, in a proceeding brought in the Circuit Court in a county in which the alleged unlawful practice which is the subject of the final order or complaint occurs or in which a respondent resides or has his principal place of business.

(2) Except for a discriminatory housing practice, if the commission has failed to schedule a hearing in accordance with KRS 344.210(1) or has failed to issue a final order within one hundred eighty (180) days after the complaint is filed, the complainant, respondent, Attorney General, or an intervenor may petition the Circuit Court in a county in which the alleged unlawful practice set forth in the complaint occurs or in which the petitioner resides or has his principal place of business for an order directing the commission to schedule a hearing or to issue its final order. The court shall follow the procedure set forth in KRS Chapter 13B and this section so far as applicable.

(3) If before the expiration of sixty (60) days after the date of the commission order is entered for a discriminatory housing practice and no petition for review has been filed under subsection (1) of this section, any person entitled to under the discriminatory housing practice order may petition for a decree enforcing the order in the Circuit Court for the county in which the discriminatory housing practice is alleged to have occurred.

(4) Except for subsection (2) of this section, all provisions in this section shall apply to orders issued in a discriminatory housing practice proceeding.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 320, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 282, sec. 26, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 62, sec. 120. -- Amended 1968 Ky. Acts ch. 167, sec. 10. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 507.

KRS 344.250 Investigations, powers, records, confidential nature of.

(1) In connection with an investigation of a complaint filed under this chapter, the commission or its designated representative at any reasonable time may request access to premises, records, and documents relevant to the complaint and the right to examine, photograph and copy evidence.

(2) Every person subject to this chapter shall (a) make and keep records relevant to the determination of whether unlawful practices have been or are being committed, (b) preserve such records for such periods, and (c) make such reports therefrom, as the commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this chapter or the regulations or orders thereunder.

(3) The commission, by regulation, shall require each person subject to this chapter which controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purpose of the chapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and shall furnish to the commission upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs.

(4) A person who believes that the application to it of a regulation or order issued under this section would result in undue hardship may apply to the commission for an exemption from the application of the regulation or order. If the commission finds that the application of the regulation or order to the person in question would impose an undue hardship, the commission may grant appropriate relief.

(5) So as to avoid undue burdens on persons subject to this chapter, records and reports required by the commission under this section shall conform as near as may be to similar records and reports required by federal law and the laws of other states and to customary record-keeping practice.

(6) It is unlawful for a commissioner or employee of the commission to make public with respect to a particular person without his consent information obtained by the commission pursuant to its authority under this section except as reasonably necessary to the conduct of a proceeding under this chapter.

(7) If a person fails to permit access, examination, photographing or copying or fails to make, keep, or preserve records or make reports in accordance with this section, the Circuit Court for the county in which such person is found, resides, or has his principal place of business, upon application of the commission, may issue an order requiring compliance.

History: Created 1966 Ky. Acts ch. 2, Art. 5, sec. 508.

KRS 344.260 Compensation of witnesses.

Witnesses summoned by a subpoena in a discriminatory housing proceeding shall be entitled to the same witness and mileage fees as witnesses in proceedings in Circuit Court.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 321, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 282, sec. 29, effective July 14, 1992. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 509.

KRS 344.270 Commission or court not to take jurisdiction over claim for unlawful practice while claim pending before the other body -- Final determination exclusive.

The provisions of KRS 13B.140 notwithstanding, commission shall not take jurisdiction over any claim of an unlawful practice under this chapter while a claim of the same person seeking relief for the same grievance under KRS 344.450 is pending. A state court shall not take jurisdiction over any claim of an unlawful practice under this chapter while a claim of the same person seeking relief for the same grievance is pending before the commission. A final determination by a state court or a final order of the commission of a claim alleging an unlawful practice under KRS 344.450 shall exclude any other administrative action or proceeding brought in accordance with KRS Chapter 13B by the same person based on the same grievance.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 322, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 155, sec. 3, effective July 13, 1984. -- Created 1966 Ky. Acts ch. 2, Art. 6, sec. 604(b).

KRS 344.280 Conspiracy to violate chapter unlawful.

It shall be an unlawful practice for a person, or for two (2) or more persons to conspire:

(1) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this chapter, or because he has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this chapter; or

(2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this chapter; or

(3) To obstruct or prevent a person from complying with the provisions of this chapter or any order issued thereunder;

(4) To resist, prevent, impede, or interfere with the commission, or any of its members or representatives, in the lawful performance of duty under this chapter; or

(5) To coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by KRS 344.360, 344.367, 344.370, 344.380, or 344.680.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 34, effective July 14, 1992. -- Created 1966 Ky. Acts ch. 2, Art. 6, sec. 601.

KRS 344.290 Conciliation agreements, violation unlawful.

It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (4) of KRS 344.200 to violate the terms of the agreement.

History: Created 1966 Ky. Acts ch. 2, Art. 6, sec. 603.

KRS 344.300 Authorization of cities and counties to prohibit discrimination.

(1) Cities and counties are authorized to adopt and enforce ordinances, orders, and resolutions prohibiting all forms of discrimination, including discrimination on the basis of race, color, religion, disability, familial status, or national origin, sex, or age, and to prescribe penalties for violations thereof, such penalties being in addition to the remedial orders and enforcement herein authorized.

(2) Cities and counties may adopt and enforce ordinances, orders, and resolutions prohibiting discrimination; no ordinance, order or resolution shall attempt to exempt more transactions from its coverage than are exempted by KRS 344.362 and 344.365.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 35, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 311, sec. 3. -- Amended 1974 Ky. Acts ch. 104, sec. 3. -- Amended 1968 Ky. Acts ch. 167, sec. 12. -- Created 1966 Ky. Acts ch. 2, Art. 7, sec. 701.

KRS 344.310 Local human rights commissions.

Any city or county, or one (1) or more cities and counties acting jointly, may create a human rights commission (hereinafter a "local commission"):

(1) To provide for execution within its jurisdiction of the policies embodied in this chapter and the Federal Civil Rights Act of 1964 (78 Stat. 241); and

(2) To safeguard all individuals within its jurisdiction from discrimination because of race, color, religion, or national origin, sex, or age.

History: Amended 1974 Ky. Acts ch. 104, sec. 4. -- Created 1966 Ky. Acts ch. 2, Art. 7, sec. 702.

KRS 344.320 Powers of local commissions.

A local commission may be authorized to:

(1) Receive, initiate, investigate, hear, and determine charges of violations of ordinances, orders, or resolutions forbidding discrimination adopted by the city or county.

(2) Compel the attendance of witnesses and the production of evidence before it by subpoena issued by the Circuit Court of the county wherein the local commission is authorized to act.

(3) Issue remedial orders, after notice and hearing, requiring cessation of violations.

(4) Issue such affirmative orders as in the judgment of the local commission will carry out the purposes of this chapter. Affirmative action ordered may include but is not limited to the remedies enumerated in subsection (3) of KRS 344.230.

(5) Employ an executive director, attorneys, hearing examiners, clerks and other employees and agents.

(6) Accept grants, gifts, or bequests, public or private to help finance its activities.

History: Created 1966 Ky. Acts ch. 2, Art. 7, sec. 703.

KRS 344.330 Additional powers of local commissions.

A local commission established pursuant to this chapter may:

(1) Enter into cooperative working agreements with the United States Equal Employment Opportunity Commission created by Section 705 of the Federal Civil Rights Act of 1964 (78 Stat. 241) in order to achieve the purposes of that act; and with any federal or state agency in order to achieve the purposes of this chapter.

(2) In its discretion, or upon request of the commission, refer a matter under its jurisdiction to the commission for initial action or review.

(3) Refer to the commission for resolution a dispute over jurisdiction or other matter with another local commission.

(4) Provide a copy of its annual report to the commission.

History: Created 1966 Ky. Acts ch. 2, Art. 7, sec. 705.

KRS 344.340 Enforcement of local commission orders.

The proceeding for enforcement of a local commission order is initiated by filing a complaint in the Circuit Court. Copies of the complaint shall be served upon all parties of record. Within thirty (30) days after the filing of the complaint by the local commission, or within such further time as the court may allow, the local commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. By stipulation of all parties to the proceeding, the record may be shortened. The findings of fact of the local commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record. The court shall have power to grant such temporary relief or restraining order as it deems just, and to enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the local commission, or remanding the case to the local commission for further proceedings.

History: Amended 1976 Ky. Acts ch. 62, sec. 121. -- Created 1966 Ky. Acts ch. 2, Art. 7, sec. 704.

KRS 344.350 Cooperation between state and local commissions.

The commission may enter into cooperative working agreements with local commissions which have enforceable ordinances, orders, or resolutions and professional staff under the provisions of KRS 344.320.

History: Created 1966 Ky. Acts ch. 2, Art. 7, sec. 706.

KRS 344.360 Unlawful housing practices -- Design and construction requirements.

It is an unlawful housing practice for a real estate operator, or for a real estate broker, real estate salesman, or any person employed by or acting on behalf of any of these:

(1) To refuse to sell, exchange, rent, or lease, or otherwise deny to or withhold, real property from any person because of race, color, religion, sex, familial status, disability, or national origin;

(2) To discriminate against any person because of race, color, religion, sex, familial status, disability, or national origin in the terms, conditions, or privileges of the sale, exchange, rental, or lease of real property or in the furnishing of facilities or services in connection therewith;

(3) To refuse to receive or transmit a bona fide offer to purchase, rent, or lease real property from any person because of race, color, religion, sex, familial status, disability, or national origin;

(4) To refuse to negotiate for the sale, rental, or lease of real property to any person because of race, color, religion, sex, familial status, disability, or national origin;

(5) To represent to any person that real property is not available for inspection, sale, rental, or lease when it is so available, or to refuse to permit any person to inspect real property because of his race, color, religion, sex, familial status, disability, or national origin;

(6) To make, print, circulate, post, or mail or cause to be printed, circulated, posted, or mailed an advertisement or sign, or to use a form of application for the purchase, rental, or lease of real property, or to make a record of inquiry in connection with the prospective purchase, rental, or lease of real property, which indicates, directly or indirectly, a limitation, specification, or discrimination as to race, color, religion, sex, familial status, disability, or national origin or an intent to make such a limitation, specification, or discrimination;

(7) To offer, solicit, accept, use, or retain a listing of real property for sale, rental, or lease with the understanding that any person may be discriminated against in the sale, rental, or lease of that real property or in the furnishing of facilities or services in connection therewith because of his race, color, religion, sex, familial status, disability, or national origin;

(8) To otherwise deny to or withhold real property from any person because of his race, color, religion, sex, familial status, disability, or national origin;

(9) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a housing accommodation to any buyer or renter because of a disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that housing accommodation after it is so sold, rented, or made available; or

(c) Any person associated with that buyer or renter; or

(10) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such housing accommodation, because of a disability of:

(a) That person; or

(b) A person residing in or intending to reside in that housing accommodation after it is sold, rented, or made available; or

(c) Any person associated with that person.

(11) For purposes of this section, discrimination includes:

(a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by a person, if the modifications may be necessary to afford the person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a housing accommodation; or

(c) In connection with the design and construction of covered multifamily housing accommodations for first occupancy after January 1, 1993, a failure to design and construct those housing accommodations in a manner ensuring that they have at least one (1) entrance on an accessible route unless impractical to do so because of the terrain or unusual characteristics of the site. Housing accommodations with a building entrance on an accessible route shall comply with the following requirements:

1. The public use and common use portions of the housing accommodations shall be readily accessible to and usable by disabled persons;

2. All the doors designed to allow passage into and within all premises within the housing accommodations shall be sufficiently wide to allow passage by disabled persons in wheelchairs; and

3. All premises within the housing accommodations shall contain the following features of adaptive design:

a. An accessible route into and through the housing accommodation;

b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c. Reinforcements in bathroom walls to allow later installation of grab bars; and

d. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(12) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled persons, (commonly cited as "ANSI A117.1 - 1986") suffices to satisfy the requirements of subsection (11)(c)3. of this section.

(13) As used in subsection (11) of this section, the term "covered multifamily housing accommodation" means:

(a) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and

(b) Ground floor units in other buildings consisting of two (2) or more units.

(14) Nothing in this section requires that a housing accommodation be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 405, sec. 87, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 282, sec. 36, effective July 14, 1992. -- Amended 1972 Ky. Acts ch. 255, sec. 12. -- Created 1968 Ky. Acts ch. 167, sec. 3.

KRS 344.362 Exceptions to unlawful practice of discrimination because of sex.

Nothing in KRS 344.360 shall apply to:

(1) The YMCA, YWCA, and similar type single sex dormitory rental properties, including, but not limited to, those dormitories operated by institutions of higher education;

(2) A landlord who refused to rent to an unmarried couple of opposite sex;

(3) A landlord who chooses to rent only to men or only to women; provided that the landlord engages in the rental to no more than ten (10) persons or of no more than ten (10) self-contained units in an owner occupied housing accommodation;

(4) Rooms or rental units where tenants would be required to share common bath or kitchen facilities; and

(5) To any housing accommodation where it can be demonstrated that gender-based exclusions are necessary for reasons of personal modesty or privacy.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 37, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 245, sec. 10, effective July 15, 1980.

KRS 344.365 Exemptions from housing provisions.

(1) Nothing in KRS 344.360 shall apply:

(a) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or a member of his family resides in one of the housing accommodations;

(b) To the rental of one (1) room or one (1) rooming unit in a housing accommodation by an individual if he or a member of his family resides therein;

(c) To a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, lease, rental, occupancy, assignment, or sublease of a housing accommodation which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.

(d) To a private individual homeowner disposing of his property through private sale without the aid of any real estate operator, broker, or salesman and without advertising or public display except that attorneys, escrow agents, abstractors, title companies, and other professional assistance may be utilized as necessary to perfect or transfer the title.

(2) Nothing in this chapter shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.

(3) Nothing in this chapter shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a housing accommodation. No provision in this chapter regarding familial status shall apply with respect to "housing for older persons," as defined in the Federal Fair Housing Act, 42 U.S.C. 3607.

(4) Nothing in this section prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) or KRS Chapter 218A.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 38, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 187, sec. 4. -- Amended 1972 Ky. Acts ch. 255, sec. 13. -- Created 1968 Ky. Acts ch. 167, sec. 6.

KRS 344.367 Unlawful discrimination in insurance against hazards to a housing accommodation.

It is an unlawful practice for a person in the business of insuring against hazards to refuse to enter into, or discriminate in the terms, conditions, or privileges of, a contract of insurance against hazards to a housing accommodation because of the race, color, religion, national origin, familial status, disability, or sex of persons owning, or residing in or near the housing accommodation.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 40, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 245, sec. 11, effective July 15, 1980.

KRS 344.370 Unlawful financial practices.

It is an unlawful practice for a financial institution or for any person or other entity whose business includes engaging in real estate-related transactions:

(1) To discriminate against an individual because of the race, color, religion, or national origin, familial status, disability, sex, or age of the individual or the present or prospective owner, tenant, or occupant of the real property or of a member, stockholder, director, officer, employee, or representative of any of these, in the granting, withholding, extending, modifying, or renewing the rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of services in connection therewith;

(2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate, directly or indirectly, a limitation, specification, or discrimination as to race, color, religion, familial status, disability, or national origin or an intent to make such a limitation, specification, or discrimination;

(3) To discriminate by refusing to give full recognition, because of sex, to the income of each spouse or the total income and expenses of both spouses where both spouses become or are prepared to become joint or several obligors in real estate transactions; or

(4) As used in this section, the term "real estate-related transaction" means any of the following:

(a) The making or purchasing of loans or providing other financial assistance;

1. For purchasing, constructing, improving, repairing, or maintaining a housing accommodation; or

2. Secured by real estate.

(b) The selling, brokering, or appraising of real property except that a person engaged in the business of furnishing appraisals of real property may take into consideration factors other than race, color, religion, national origin, sex, disability, or familial status.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 41, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 104, sec. 5. -- Created 1968 Ky. Acts ch. 167, sec. 5.

KRS 344.372 Prohibition against discrimination or retaliation.

It is an unlawful practice for a health facility to discriminate or retaliate against a health care worker who reports a workplace safety violation or an incident of workplace violence.

Effective: June 29, 2023

History: Created 2023 Ky. Acts ch. 100, sec. 6, effective June 29, 2023.

KRS 344.375 Agency no defense in proceeding against real estate dealer.

It shall be no defense to a violation of this chapter by a real estate operator, real estate broker, real estate salesman, financial institution, or other person subject to the provisions of this chapter that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this chapter.

History: Created 1968 Ky. Acts ch. 167, sec. 7.

KRS 344.380 Block busting.

It is an unlawful practice for a real estate operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose of inducing a real estate transaction from which a person may benefit financially:

(1) To represent that a change has occurred or will or may occur in the composition with respect to race, color, religion, sex, disability, familial status, or national origin of the owners or occupants in the block, neighborhood, or area in which the real property is located;

(2) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located; or

(3) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 42, effective July 14, 1992. -- Created 1968 Ky. Acts ch. 167, sec. 4.

KRS 344.385 Notice of violation by real estate dealer to be given Real Estate Commission -- Notice of violation to state or federal licensing agency.

(1) Where a real estate broker or a real estate salesman has failed to comply with an order issued by the commission or has been found to have committed an unfair housing practice in violation of KRS 344.380, the commission shall notify in writing the Real Estate Commission of the Commonwealth of Kentucky of the failure to comply or violation.

(2) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a state or federal government agency, the commission shall, not later than thirty (30) days after the date of the issuance of the order, or if the order is judicially reviewed, thirty (30) days after the order is in substance affirmed upon review:

(a) Send copies of the finding of fact, conclusions of law, and the order to that governmental agency; and

(b) Recommend to that governmental agency appropriate disciplinary action, including, where appropriate, the suspension or revocation of the license of the respondent.

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 282, sec. 43, effective July 14, 1992. -- Created 1968 Ky. Acts ch. 167, sec. 11.

KRS 344.400 Unlawful practices in connection with credit transactions -- Exceptions.

(1) It shall be an unlawful practice for any person, whether acting for himself or another, in connection with any credit transaction because of race, color, religion, national origin or sex to:

(a) deny credit to any person;

(b) increase the charges or fees for or collateral required to secure any credit extended to any person;

(c) restrict the amount or use of credit extended or impose different terms or conditions with respect to the credit extended to any person or any item or service related thereto;

(d) attempt to do any of the unlawful practices defined in this section.

(2) The provisions of this section shall not prohibit any party to a credit transaction from considering the credit history of any individual applicant.

(3) The provisions of this section shall not prohibit any party to a credit transaction from considering the application of Kentucky law on dower, curtesy, descent and distribution to the particular case or from taking reasonable action thereon.

History: Created 1974 Ky. Acts ch. 104, sec. 7.

KRS 344.450 Civil remedies for injunction and damages.

Any person injured by any act in violation of the provisions of this chapter shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained, together with the costs of the law suit. The court's order or judgment shall include a reasonable fee for the plaintiff's attorney of record and any other remedies contained in this chapter.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 323, effective July 15, 1996. -- Created 1974 Ky. Acts ch. 104, sec. 8.

KRS 344.500 Appointment of interpreter for deaf, hard-of-hearing, or speech-impaired person -- Compensation of interpreter.

(1) Any person who is deaf, hard of hearing, or speech impaired or who because of a speaking or other impairment has difficulty in communicating with other persons shall be entitled to the assistance and services of a qualified interpreter.

(2) A qualified interpreter shall be appointed in any proceeding before a board, commission, agency, or licensing authority of the state or any of its political subdivisions, when the principal party in interest or a witness is deaf, hard of hearing, or speech impaired.

(3) No person shall be appointed as an interpreter pursuant to this section unless the appointing authority makes a preliminary determination that the interpreter is able to readily communicate with the person who is deaf, hard of hearing, or speech impaired, and is able to accurately repeat and translate the statements of the person, and the appointee is agreed to by the person who is deaf, hard of hearing, or speech impaired.

(4) Upon the request of the appointing authority, the Kentucky Commission on the Deaf and Hard of Hearing, the Kentucky Registry of Interpreters for the Deaf, or the Kentucky Association of the Deaf, shall recommend qualified interpreters to assist a person who is deaf, hard of hearing, or speech impaired.

(5) The appointing authority shall set the compensation for each day the interpreter is in attendance. The compensation, plus any reasonable expenses incurred by the interpreter, shall be paid from the funds of the appointing authority.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 452, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 17, effective July 14, 1992. -- .Created 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 277, effective January 2, 1978.

KRS 344.510 Commission established -- Members -- Terms -- Executive director.

(1) There is hereby established the Kentucky Commission on Women as a separate administrative body of state government within the meaning of KRS Chapter 12.

(2) The membership of the commission shall consist of the Lieutenant Governor and not more than twenty-four (24) members and a chairman who shall be appointed by the Governor. The members of the commission shall serve terms of four (4) years; except that:

(a) Of the members initially appointed after June 17, 1978, six (6) members shall serve a term of one (1) year, six (6) a term of two (2) years, six (6) a term of three (3) years and six (6) a term of four (4) years; and

(b) Of the members appointed after July 15, 1998, six (6) members appointed to fill the terms expiring June 17, 1999, shall serve until January 17, 2000; six (6) members appointed to fill the terms expiring June 17, 2000, shall serve until January 17, 2001; six (6) members appointed to fill the terms expiring June 17, 2001, shall serve until January 17, 2002; and six (6) members appointed to fill the terms expiring June 17, 2002, shall serve until January 17, 2003; and subsequent appointments shall be for four (4) year terms ending on January 17. The Governor shall appoint a chairman who shall serve at the Governor's will. There shall be an executive director, who shall be appointed by the Governor, and shall be administrative head and chief executive officer of the commission. The Governor, in appointing the commission, shall attempt to insure, insofar as it may be practicable, and with due regard to the several geographic regions and socio-economic groupings of the state, that the membership is broadly representative of the women of the state. The commission shall meet at the call of the chairman, but at least twice during each calendar year; a majority of the members shall constitute a quorum for the transaction of the commission's business.

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 194, sec. 10, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 379, sec. 9, effective April 9, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 157, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 70, sec. 1.

KRS 344.515 Commission attached to Governor.

The Commission on Women and its subcommittees, task forces, advisory committees, and other associated bodies shall be an independent agency attached to the Governor.

Effective: July 15, 1980

History: Amended 1980 Ky. Acts ch. 295, sec. 90, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 74, Art. VI, sec. 12(3).

KRS 344.520 Duties and functions of commission.

The duties and functions of the commission shall be to:

(1) Promote, encourage, and provide advisory assistance in the establishment of local volunteer community improvement programs for, and of interest to, women;

(2) Conduct programs, studies, seminars, and conferences, and encourage state and local women's business, professional, and civic organizations to do likewise, to educate the public to the problems of women;

(3) Consult with and advise the Governor and the agencies, departments, boards, and commissions of the state and local and municipal governments on matters pertaining to women;

(4) Cooperate with the federal government and with the governments of other states in programs relating to women; and

(5) Contract from time to time as may be appropriate with experts and consultants who may be utilized as deemed necessary and make other purchases and expenditures, all in accordance with the provisions of KRS Chapter 45A, and make such other agreements, subject to the provisions of KRS Chapter 45 and 45A, and perform any acts that may be necessary to carry out the purposes of KRS 344.510 to 344.530.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 496, sec. 63, effective July 13, 1990. -- Created 1970 Ky. Acts ch. 70, sec. 2.

KRS 344.530 Annual report.

The commission shall submit an annual report to the Governor before the thirtieth day of June each year, summarizing the commission's activities during the preceding fiscal year and making such recommendations as the commission deems appropriate.

History: Created 1970 Ky. Acts ch. 70, sec. 3.

KRS 344.550 Definitions for KRS 344.550 to 344.575.

For purposes of KRS 344.550 to 344.575:

(1) "Educational institution" means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one (1) school, college, or department which are administratively separate units, the term means each school, college, or department.

(2) "Funding recipient" means any department, agency, special purpose district, instrumentality of state or local government, college, university, postsecondary institution, public system of higher education, local educational agency, system of vocational education, corporation, partnership, private organization or sole proprietorship receiving state financial assistance for any education program or activity.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 462, sec. 1, effective July 13, 1990.

KRS 344.555 Prohibition against sex discrimination under any education program receiving state financial assistance -- Exceptions.

(1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving state financial assistance, except that:

(a) In regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

(b) This section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of the organization;

(c) This section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marines;

(d) In regard to admissions, this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one (1) sex;

(e) This section shall not apply to membership practices of a social fraternity or social sorority which is exempt under Section 501(a) of the Federal Internal Revenue Code of 1954, the active membership of which consists primarily of students in attendance at an institution of higher education, or of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are exempt under Section 501(a) of the Federal Internal Revenue Code, the membership of which has traditionally been limited to persons of one (1) sex and principally to persons of less than nineteen (19) years of age;

(f) This section shall not apply to any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or any program or activity of any secondary school or educational institution specifically for the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or the selection of students to attend any such conference;

(g) This section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one (1) sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and

(h) This section shall not apply to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received the award in any pageant in which the attainment of the award is based upon a combination of factors related to the personal appearance, poise, and talent of the individual and in which participation is limited to individuals of one (1) sex only, so long as the pageant is in compliance with other nondiscrimination provisions of state and federal law.

(2) Nothing contained in subsection (1) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one (1) sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any state supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, state, section, or other area. However, nothing in this subsection shall be construed to prevent the consideration in any hearing or proceeding under KRS 344.550 to 344.575 of statistical evidence tending to show that an imbalance exists with respect to the participation in, or receipt of the benefits of, any program or activity by the members of one (1) sex.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 462, sec. 2, effective July 13, 1990.

KRS 344.560 Agencies and departments required to effectuate KRS 344.555.

Each state department and agency which is empowered to extend state financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, shall effectuate the provisions of KRS 344.555 with respect to such program or activity by promulgating administrative regulations of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. This section shall not apply to a state department or agency which extends state financial assistance to an education institution if the amount of state financial assistance extended by the state department or agency represents less than two percent (2%) of the total state financial assistance received by the education institution. Compliance with any requirement adopted pursuant to this section shall be effected:

(1) By the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which the noncompliance has been found; or

(2) By any other means authorized by law. However, no action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the chief officer of the state department or agency shall file with the committees of the House of Representatives and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty (30) days have elapsed after the filing of such report.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 462, sec. 3, effective July 13, 1990.

KRS 344.565 Judicial review.

Any final action taken by a department or agency pursuant to KRS 344.560 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by the department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to KRS 344.560, any funding recipient aggrieved may obtain judicial review of the action in the Franklin Circuit Court.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 462, sec. 4, effective July 13, 1990.

KRS 344.570 Effect of KRS 344.550 to 344.575 on existing contractual rights.

Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which state financial assistance is extended by way of a contract of insurance or guaranty.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 462, sec. 5, effective July 13, 1990.

KRS 344.575 Separate living facilities for the two sexes not prohibited.

Nothing contained in KRS 344.550 to 344.575 shall be construed to prohibit any educational institution receiving funds under KRS 344.550 to 344.575 from maintaining separate living facilities for the different sexes.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 462, sec. 6, effective July 13, 1990.

KRS 344.600 Complaint on discriminatory housing practice -- Investigation.

(1)

(a)

1. An aggrieved person may, not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging a discriminatory housing practice. All other complaints of an alleged discrimination practice must be filed pursuant to the procedure described in KRS 344.200. The commission, on its own initiative, or the Attorney General may also file a complaint alleging a discriminatory housing practice.

2. The complaint shall be in writing and shall contain the information and be in a form required by the commission.

3. The commission may also investigate housing practices to determine whether a complaint should be brought under this section.

(b) Upon the filing of the discriminatory housing practice complaint:

1. The commission shall within five (5) days serve written notice upon the aggrieved person acknowledging the filing and advising the aggrieved person of the time limits and choice of forums provided in KRS 344.635.

2. The commission shall, not later than ten (10) days after the filing or the identification of an additional respondent under subsection (2) of this section, serve on the respondent a written notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of respondents under this chapter, together with a copy of the original complaint;

3. Each respondent shall file, not later than ten (10) days after receipt of notice from the commission, an answer to the complaint; and

4. The commission shall commence an investigation of the alleged discriminatory housing practice within thirty (30) days of filing the complaint and complete the investigation within one hundred (100) days after the filing of the complaint, unless it is impracticable to do so.

(c) If the commission is unable to complete the investigation within one hundred (100) days after the filing of the complaint, the commission shall notify the complainant and respondent in writing of the reasons for not doing so.

(d) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time.

(2)

(a) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection (1) of this section, to that person, from the commission.

(b) The notice, in addition to meeting the requirements of subsection (1) of this section, shall explain the basis for the commission's belief that the person to whom the notice is addressed is properly joined as a respondent.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 378, sec. 14, effective July 15, 1994. – Created 1992 Ky. Acts ch. 282, sec. 16, effective July 14, 1992.

KRS 344.605 Conciliation -- Agreement -- Final investigative report.

(1) During the period beginning with the filing of a discriminatory housing practice complaint and ending with the filing of a charge or a dismissal by the commission, the commission shall, to the extent feasible, engage in conciliation with respect to a complaint.

(2) A conciliation agreement arising out of the conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the commission.

(3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

(4) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of this chapter.

(5)

(a) At the end of each investigation under this section, the commission shall prepare a final investigative report containing:

1. The names and dates of contacts with witnesses;

2. A summary and the dates of correspondence and other contacts with the complainant and the respondent;

3. A summary description of other pertinent records;

4. A summary of witness statements; and

5. Answers to interrogatories.

(b) A final report under this paragraph may be amended if additional evidence is later discovered.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 17, effective July 14, 1992.

KRS 344.610 Breach of conciliation agreement.

(1) When the commission has probable cause to believe that a respondent has breached a conciliation agreement arising from a discriminatory housing practice, the commission shall reach an agreement for the respondent to voluntarily come into compliance or file an action in Circuit Court pursuant to KRS 344.665.

(2) A civil action for breach shall be commenced within ninety (90) days of the commission receiving notice of the breach.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 18, effective July 14, 1992.

KRS 344.615 Release and evidentiary use of conciliation information.

(1) Nothing said or done in the course of conciliation of a discriminatory housing practice may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the respondent.

(2) Notwithstanding subsection (1) of this section, the commission shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the commission's investigation of a discriminatory housing practice, information derived from the investigation and any final investigative report relating to that investigation.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 19, effective July 14, 1992.

KRS 344.620 Civil action for preliminary or temporary relief -- Effect.

(1) If the commission concludes at any time following the filing of a discriminatory housing complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the commission may initiate a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section.

(2) The commission shall promptly commence and maintain an action.

(3) Any restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Kentucky Rules of Civil Procedure.

(4) The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under KRS 344.600, 344.605, 344.635, 344.640, or 344.645.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 20, effective July 14, 1992.

KRS 344.625 Probable cause determination -- Issuance of charge.

(1) The commission shall determine, based on the facts, whether probable cause exists to believe that a discriminatory housing practice made unlawful under this chapter has occurred or is about to occur.

(2) The commission shall make the determination under subsection (1) of this section not later than the one hundredth day after the date a complaint is filed unless:

(a) It is impracticable to make the determination; or

(b) The commission has approved a conciliation agreement relating to the discriminatory housing complaint.

(3) If it is impracticable to make the determination within the time period provided by subsection (2) of this section, the commission shall notify the complainant and respondent in writing of the reasons for the delay.

(4) If the commission determines that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall, except as provided in subsection (6) of this section, immediately issue a charge on behalf of the aggrieved person for further proceeding under KRS 344.635.

(5) The charge:

(a) Shall consist of a concise statement of the facts upon which the commission has found probable cause to believe that a discriminatory housing practice has occurred or is about to occur;

(b) Shall be based on the final investigative report; and

(c) Need not be limited to the facts or grounds alleged in the complaint filed under KRS 344.600.

(6) If the commission determines that the matter involves the legality of any state or local zoning or other land use law or ordinance, the commission shall follow the procedures described in KRS 344.665.

(7) If the commission determines that no probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall promptly dismiss the complaint. The commission shall make public disclosure of each dismissal at the request of the respondent.

(8) The commission may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a federal or state law seeking relief with respect to that discriminatory housing practice.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 21, effective July 14, 1992.

KRS 344.630 Service of charge.

After the commission issues a discriminatory housing charge under KRS 344.625, the commission shall cause a copy thereof, together with information as to how to make an election of an administrative or judicial choice of forum under KRS 344.635, and the effect of such election, to be served:

(1) On each respondent named in the charge, together with a written notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made; and

(2) On each aggrieved person on whose behalf the discriminatory housing complaint was filed.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 22, effective July 14, 1992.

KRS 344.635 Election of method for securing relief.

When a discriminatory housing charge is filed under KRS 344.625, a complainant, a respondent, or the aggrieved person on whose behalf the complaint is filed, may elect to have the claims asserted in that charge decided in a civil action under KRS 344.670, in lieu of an administrative hearing before the commission under KRS 344.640.

(1) The election shall be made not later than twenty (20) days after the receipt by the electing person of service under KRS 344.630, from the commission or, in the case of the commission, not later than twenty (20) days after service to the respondent and complainant.

(2) The person making the election shall give written notice of doing so to the commission and to all other complainants and respondents to whom the charge relates.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 23, effective July 14, 1992.

KRS 344.640 Administrative proceedings.

(1) If a timely election of a judicial or administrative remedy is not made under KRS 344.635, with respect to a discriminatory housing charge, the commission shall provide an opportunity for an administrative hearing in accordance with the provisions of this chapter and KRS Chapter 13B with respect to the charge issued under KRS 344.625.

(2) Any resolution of a discriminatory housing charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the discriminatory housing charge is issued.

(3) The provisions of KRS 13B.140 notwithstanding, the commission may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a state or federal law, seeking relief with respect to that discriminatory housing practice.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 324, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 282, sec. 24, effective July 14, 1992.

KRS 344.645 Final order of commission -- Civil penalty.

(1) If the commission finds that a respondent has engaged or is about to engage in a discriminatory housing practice, the commission shall promptly issue a final order for appropriate relief, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. The final order may, to vindicate the public interest, assess a civil penalty against the respondent:

(a) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(b) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other discriminatory housing practice during the five (5) year period ending on the date of the filing of this charge; and

(c) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more discriminatory housing practices during the seven (7) year period ending on the date of the filing of this charge; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in paragraphs (b) or (c) of this subsection may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

(2) No final order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of the final order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the discriminatory housing charge.

(3) If the commission finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, the commission shall enter a final order dismissing the charge. The commission shall make public disclosure of the dismissal.

(4) The commission shall issue a final order in accordance with the provisions of KRS Chapter 13B.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 318, sec. 325, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 282, sec. 25, effective July 14, 1992.

KRS 344.650 Civil action for relief from discriminatory housing practice or breach of conciliation agreement -- Time limitation.

(1) An aggrieved person may file a civil action in an appropriate Circuit Court not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into as the result of an alleged discriminatory housing practice, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach.

(2) The computation of the two (2) year period shall not include any time during which an administrative proceeding under this chapter is pending with respect to a complaint or charge of an alleged discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement entered into as a result of an alleged discriminatory housing practice.

(3) An aggrieved person may file a civil action under this section whether or not a complaint has been filed under KRS 344.600, and without regard to the status of any such complaint, but:

(a) If the commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice which forms the basis for the complaint except for the purposes of enforcing the terms of the conciliation agreement; and

(b) An aggrieved person may not file a civil action under this section with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the commission if the commission has commenced a hearing.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 27, effective July 14, 1992.

KRS 344.655 Powers of Circuit Court.

Upon application by a person alleging a discriminatory housing practice or a person against whom a discriminatory housing practice is alleged, the Circuit Court may:

(1) Appoint an attorney for the person; or

(2) Authorize the commencement or continuation of a civil action under KRS 344.650, without the payment of fees, costs, or security, if in the opinion of the court the person is financially unable to bear the cost of such action.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 28, effective July 14, 1992.

KRS 344.660 Damages and injunctive relief available.

(1) In a civil action under KRS 344.650, if the Circuit Court finds that a discriminatory housing practice has occurred or is about to occur, the Circuit Court may award to the plaintiff actual and punitive damages, and subject to subsection (3) of this section, may grant as relief, as the court deems appropriate any permanent or temporary injunction, restraining order, or other order including an order enjoining the defendant from engaging in the practice or ordering affirmative action as appropriate.

(2) In a civil action under KRS 344.240, 344.650, or 344.665, the court, in its discretion, may award the prevailing complainant, a reasonable attorneys' fee and costs. The court, in its discretion, may award the prevailing respondent a reasonable attorneys' fee and costs if the respondent establishes that the complaint upon which the action was based was brought in bad faith. Whether a party has committed bad faith shall be determined in accordance with Rule 11 of the Kentucky Rules of Civil Procedure. The state shall not be liable in any event for fees and costs.

(3) However, no relief provided under this section shall effect any contract, sale, encumbrance, or lease consummated before the granting of that relief, and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of the complaint of a discriminatory housing practice complaint with the commission or the filing of a civil action.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 30, effective July 14, 1992.

KRS 344.665 Institution of civil actions by commission or Attorney General -- Powers of court.

(1) The commission or the Attorney General may file a civil action in Circuit Court for appropriate relief if the commission or Attorney General has probable cause to believe that:

(a) Any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this chapter; or

(b) Any group of persons has been denied any housing right granted by this chapter and the denial raises an issue of general public importance; or

(c) Any state or local zoning or land use law is a discriminatory housing practice. The action shall be brought within eighteen (18) months of the occurrence or termination of the alleged discriminatory practice; or

(d) A conciliation agreement has been breached. The action shall be brought within ninety (90) days of the commission or Attorney General receiving notice of the breach.

(2) In an action under this section, the court:

(a) May award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation to assure the full enjoyment of the rights granted by this chapter;

(b) May award other appropriate relief, including compensatory and punitive damages;

(c) May award a reasonable attorney's fee and costs to the prevailing party to the same extent allowed in KRS 344.660. The state shall not be liable in any event for fees and costs; and

(d) May, to vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:

1. Fifty thousand dollars ($50,000) for a first violation; and

2. One hundred thousand dollars ($100,000) for a second or subsequent violation.

(e) A person may intervene in an action under this section if the person is:

1. An aggrieved person to the discriminatory housing practice; or

2. A party to a conciliation agreement concerning the discriminatory housing practice.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 31, effective July 14, 1992.

KRS 344.670 Civil action by commission on behalf of aggrieved person electing judicial proceeding.

(1) If an election is made under KRS 344.635 for a judicial rather than an administrative proceeding, the commission shall not later than thirty (30) days after the election is made, commence and maintain a civil action on behalf of the aggrieved person in the appropriate Circuit Court seeking relief under this section.

(2) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.

(3) If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief under KRS 344.660 which a court could grant with respect to a discriminatory housing practice in a civil action under KRS 344.650. Any relief granted under KRS 344.660 that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under KRS 344.650 shall also accrue to that aggrieved person in a civil action under this section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award relief if that aggrieved person has not complied with discovery orders entered by the court.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 32, effective July 14, 1992.

KRS 344.675 Appointment of attorney and award of fees.

(1) In any administrative proceeding brought under KRS 344.640 or 344.645 or any court proceeding arising therefrom, including actions described in KRS 344.240 or any civil action, the commission or the court, as the case may be, upon application of either party, and in its discretion, may:

(a) Appoint an attorney for the person; or

(b) Award a reasonable attorneys' fee and costs to the prevailing party to the same extent allowed in KRS 344.660, or both. The state shall not be liable in any event for fees and costs.

(2) The state through the commission's attorney or the Attorney General shall maintain any civil action on behalf of the complainant or aggrieved party.

(3) Where the parties to an alleged discriminatory housing practice have elected an administrative determination rather than a civil adjudication, the commission staff attorney shall represent the complainant or aggrieved party before the commission.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 33, effective July 14, 1992.

KRS 344.680 Denying access to multiple listing service unlawful.

It shall be unlawful to deny any person access to, or membership or participation in, any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting housing accommodations, or to discriminate against a person in the terms or conditions of access, membership, or participation, on account of race, color, religion, sex, disability, familial status, or national origin.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 282, sec. 39, effective Juy 14, 1992.

KRS 344.990 Conspiracy or violation of confidential records, penalty.

A person who willfully engages in the practices declared unlawful by subsection (6) of KRS 344.250 and 344.280 is guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100), or imprisoned for not more than thirty (30) days, or both.

History: Created 1966 Ky. Acts ch. 2, Art. 6, sec. 602.