AN ACT relating to civil rights.

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AN ACT relating to civil rights. 1
WHEREAS, in 1992 the General Assembly enacted amendments to the Kentucky 2
Civil Rights Act ("KCRA") to prohibit dis crimination on the basis of disability in a 3
manner similar to the Americans with Disabilities Act of 1990 and now wishes to adopt 4
measures similar to those subsequently enacted by Congress in the Americans with 5
Disabilities Act Amendments Act of 2008, thus resolving the question posed in Turner v. 6
Norton Healthcare, Inc., 681 S.W.3d 26 (Ky. 2023); and 7
WHEREAS, the General Assembly desires to resolve procedural issues stemming 8
from the KCRA's election of remedies statute, KRS 344.270, that were identified by the 9
Kentucky Supreme Court in Owen v. University of Kentucky , 486 S.W.3d 266 (Ky. 10
2016); and 11
WHEREAS, the right to a trial by jury in civil causes of action is enshrined in 12
Section 7 of the Constitution of Kentucky and in the Seventh Amendment to the 13
Constitution of the United States; and 14
WHEREAS, the General Assembly maintains that the laws of this Commonwealth 15
should respect the right to a trial by jury for those causes of action to which the 16
constitutional right to a trial by jury attaches, and provide an appropriate forum for the 17
adjudication of those causes of action; and 18
WHEREAS, the General Assembly believes that the Court of Justice, not an 19
administrative agency, is the appropriate forum for the adjudication of those causes of 20
action; and 21
WHEREAS, t he General Assembly recognizes the valuable contributions of the 22
Kentucky Commission on Human Rights in the years since its creation in 1960; and 23
WHEREAS, the General Assembly desires for the Commission on Human Rights 24
to continue to perform its longstandi ng investigative and other non -adjudicative 25
functions; and 26
WHEREAS, the General Assembly believes that the adjudicative functions 27
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previously performed by the Commission on Human Rights should hereafter be 1
performed by the Court of Justice, where jury trials are available; 2
NOW, THEREFORE, 3
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 4
Section 1. KRS 344.010 is amended to read as follows: 5
As used in this chapter: 6
(1) "Commission" means the Kentucky Commission on Human Rights; ["Person" 7
includes one (1) or more individuals, labor organizations, joint apprenticeship 8
committees, partnerships, associations, corporations, legal representatives, mutual 9
companies, joint -stock companies, trusts, unincorporated organizations, trustees, 10
trustees in bankruptcy, fiduciaries, receivers, or other legal or commercial entity; 11
the state, any of its political or civil subdivisions or agencies.] 12
(2) "Commissioner" means a member of the com mission;["Commission" means the 13
Kentucky Commission on Human Rights.] 14
(3) "Credit transaction" means any open -end or closed -end credit transaction, 15
whether in the nature of a loan, retail installment transaction, credit card issue or 16
charge, or otherwise, and whether for personal or for business purposes, in which 17
a service, finance, or interest charge is imposed, or which provides for repayment 18
in scheduled payments, when credit is extended in the regular course of business 19
of any trade or commerce, includ ing but not limited to transactions by banks, 20
savings and loan associations, or other financial lending institutions of whatever 21
nature, by stock brokers, or by a merchant or mercantile establishment which as 22
part of its ordinary business permits or provid es that payment for purchases of 23
property or services therefrom may be deferred;["Commissioner" means a member 24
of the commission.] 25
(4) (a) "Disability" means, with respect to an individual: 26
1. [(a)] A physical or mental impairment that substantially limits one (1) 27
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or more of the major life activities of the individual; 1
2. [(b)] A record of such an impairment; or 2
3. [(c)] Being regarded as having such an impairment. 3
(b) "Disability" and "substantially limits" shall be interpreted in a manner 4
consistent with the Americans with Disabilities Act Amendments Act of 5
2008, Pub. L. No. 110-325, as amended;[ 6
Persons with current or past controlled substances abuse or alcohol abuse problems 7
and persons excluded from coverage by the Americans with Disabilities Act of 8
1990 (P.L. 101-336) shall be excluded from this section.] 9
(5) "Discrimination" means any direct or indirect act or practice of exclusion, 10
distinction, restriction, segregation, limitation, refusal, denial, or any other act or 11
practice of differentiation or preference in the treatment of a person or persons, or 12
the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under 13
this chapter;[.] 14
(6) "Discriminatory housing practice" means an act that is unlawful under KRS 15
344.360, 344.367, 344. 370, 344.380, or 344.680; ["Real property" includes 16
buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, 17
condominiums, and hereditaments, corporeal and incorporeal, or any interest in the 18
above.] 19
(7) (a) "Familial status" means one (1) or more individuals who have not attained 20
the age of eighteen (18) and are domiciled with: 21
1. A parent or other person having legal custody of the individual or 22
individuals; or 23
2. The designee of a parent or other person having custody, with the 24
written permission of the parent or other person. 25
(b) The protection afforded against discrimination on the basis of familial 26
status shall apply to any person who is pregnant or is in the process of 27
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securing legal custody of any individual who has not attained the age of 1
eighteen (18); ["Housing accommodations" includes improved and 2
unimproved property and means any building, structure, lot or portion thereof, 3
which is used or occupied, or is intended, arranged, or designed to be used or 4
occupied as the home or residence of one (1) or more families, and any vacant 5
land which is offered for sale or lease for the construction or location thereon 6
of any such building or structure.] 7
(8) "Family" includes a single individual; ["Real estate operator" means any 8
individual or combination of individuals, labor organizations, joint apprenticeship 9
committees, partnerships, associations, corporations, legal representatives, mutual 10
companies, joint-stock companies, trusts, unincorporated organizations, trustees in 11
bankruptcy, receivers, or other legal or commercial entity, the county, or any of its 12
agencies, that is engaged in the business of selling, purchasing, exchanging, renting, 13
or leasing real estate, or the improvements thereon, including options, or that 14
derives income, in whole or in part, from the sale, purchase, exchange, rental, or 15
lease of real estate; or an individual employed by or acting on behalf of any of 16
these.] 17
(9) "Financial institution" means a bank, banking organization, mortgage company, 18
insurance company, or other lender to whom application is made for financial 19
assistance for the purchase, lease, acquisition, construction, rehabilitation, 20
repair, maintenance, or improvement of real property, or an individual employed 21
by or acting on behalf of any of these ;["Real estate broker" or "real estate 22
salesman" means any individual, whether licensed or not, who, on behalf of others, 23
for a fee, commission, salary, or other valuable consideration, or who with the 24
intention or expectation of receiving or collecting th e same, lists, sells, purchases, 25
exchanges, rents, or leases real estate, or the improvements thereon, including 26
options, or who negotiates or attempts to negotiate on behalf of others such an 27
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activity; or who advertises or holds himself out as engaged in these activities; or 1
who negotiates or attempts to negotiate on behalf of others a loan secured by 2
mortgage or other encumbrance upon a transfer of real estate, or who is engaged in 3
the business of charging an advance fee or contracting for collection of a fee in 4
connection with a contract whereby he undertakes to promote the sale, purchase, 5
exchange, rental, or lease of real estate through its listing in a publication issued 6
primarily for this purpose; or any person employed by or acting on behalf of any o f 7
these.] 8
(10) "Housing accommodations" includes improved and unimproved property and 9
means a building, structure, lot, or portion thereof, which is used or occupied, or 10
is intended, arranged, or designed to be used or occupied, as the home or 11
residence of one (1) or more families, and any vacant land which is offered for 12
sale or lease for the construction or location thereon of any building or 13
structure;["Financial institution" means bank, banking organization, mortgage 14
company, insurance company, or other lender to whom application is made for 15
financial assistance for the purchase, lease, acquisition, construction, rehabilitation, 16
repair, maintenance, or improvement of real property, or an individual employed by 17
or acting on behalf of any of these.] 18
(11) "Licensing agency" means any public or private organization which has as one (1) 19
of its duties the issuing of licenses or the setting of standards which an individual 20
must hold or must meet as a condition to practicing a particular trade or profession 21
or to obtaining certain employment within the state or as a condition to competing 22
effectively with an individual who does hold a license or meet the standards;[.] 23
(12) "Major life activities": 24
(a) Includes but is not limited to caring for oneself, performing manual tasks, 25
seeing, hearing, eating, sleeping, walking, standing, lifting, bending, 26
speaking, breathing, learning, reading, concentrating, thinking, 27
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communicating, and working; and 1
(b) Includes the operation of a major bodily function, including but not limited 2
to function of the immune system, normal cell growth, digestive, bowel, 3
bladder, neurological, brain, respiratory, circulatory, endocrine, and 4
reproductive functions; ["Credit transaction " shall mean any open or closed 5
end credit transaction whether in the nature of a loan, retail installment 6
transaction, credit card issue or charge, or otherwise, and whether for personal 7
or for business purposes, in which a service, finance, or interest c harge is 8
imposed, or which provides for repayment in scheduled payments, when such 9
credit is extended in the course of the regular course of any trade or 10
commerce, including but not limited to transactions by banks, savings and 11
loan associations, or other financial lending institutions of whatever nature, 12
stock brokers, or by a merchant or mercantile establishment which as part of 13
its ordinary business permits or provides that payment for purchases of 14
property or services therefrom may be deferred.] 15
(13) "Person" includes one (1) or more individuals, labor organizations, joint 16
apprenticeship committees, partnerships, associations, corporations, legal 17
representatives, mutual companies, joint -stock companies, limited liability 18
companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, 19
fiduciaries, receivers, or other legal or commercial entities, the Commonwealth, 20
or any of its political or civil subdivisions or agencies;["To rent" means to lease, to 21
sublease, to let, or otherwise to grant for a consideration the right to occupy 22
premises not owned by the occupant.] 23
(14) "Real estate broker" or "real estate salesperson" means any individual, whether 24
licensed or not, who: 25
(a) On behalf of others, for a fee, commission, salary, or other valuable 26
consideration, or who with the intention or expectation of receiving or 27
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collecting valuable consideration, lists, sells, purchases, exchanges, rents, 1
or leases real estate, or the improvements thereon, including options; 2
(b) Negotiates or attempts to negotiate on behalf of others: 3
1. An activity described in paragraph (a) of this subsection; or 4
2. A loan secured by a mortgage or other encumbrance upon a transfer 5
of real estate; 6
(c) Advertises or holds oneself out as engaged in an activity described in 7
paragraph (a) of this subsection; 8
(d) Is engaged in the business of charging an advance fee or contracting for 9
collection of a fee in connection with a contract whereby the individual 10
undertakes to promote the sale, purchase, exchange, rental, or lease of real 11
estate through its listing in a publication issued primarily for this purpose; 12
or 13
(e) Is employed by or acting on behalf of any person described in paragraphs 14
(a) to (d) of this subsection;["Family" includes a single individual.] 15
(15) "Real estate operator" means: 16
(a) Any individual or combination of individuals, labor organizations, joint 17
apprenticeship committees, partnerships, associations, corporations, legal 18
representatives, mutual companies, joint stock companies, limited liability 19
companies, trusts, unincorporated organizations, trustees in bankruptcy, 20
receivers, or other legal or commercial entities, or a local government or 21
any of its agencies that: 22
1. Is engaged in the business of selling, purchasing, exchanging, renting, 23
or leasing real estate, or the improvements thereon, including options; 24
or 25
2. Derives income, in whole or in part, from the sale, purchase, 26
exchange, rental, or lease of real estate; or 27
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(b) An individual employ ed by or acting on behalf of any individual or entity 1
described in paragraph (a) of this subsection;[(a) "Familial status" means 2
one (1) or more individuals who have not attained the age of eighteen (18) 3
years and are domiciled with: 4
1. A parent or another person having legal custody of the individual or 5
individuals; or 6
2. The designee of a parent or other person having custody, with the 7
written permission of the parent or other person. 8
(b) The protection afforded against discrimination on the basis of fami lial status 9
shall apply to any person who is pregnant or is in the process of securing legal 10
custody of any individual who has not attained the age of eighteen (18) years.] 11
(16) "Real property" includes buildings, structures, real estate, lands, tenements, 12
leaseholds, cooperatives, condominiums, and hereditaments, corporeal and 13
incorporeal, or any interest in those; ["Discriminatory housing practice" means an 14
act that is unlawful under KRS 344.360, 344.367, 344.370, 344.380, or 344.680.] 15
(17) "Regarded as having such an impairment": 16
(a) Means an individual has established that he or she has been subjected to an 17
action prohibited under this chapter because of an actual or perceived 18
physical or mental impairment, whether or not the impairment limits or is 19
perceived to limit a major life activity; and 20
(b) Shall not apply to transitory and minor impairments; 21
(18) "To rent" means to lease, to sublease, to let, or otherwise to grant for a 22
consideration the right to occupy premises not owned by the occupant; and 23
(19) "Transitory impairment" means an impairment with an actual or expected 24
duration of six (6) months or less. 25
SECTION 2. A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) As used in this section: 1
(a) "Ordinary eyeglasses or contact lenses" means lenses that are intended to 2
fully correct visual acuity or eliminate refractive error; 3
(b) "Low-vision devices" means devices that magnify, enhance, or otherwise 4
augment a visual image; and 5
(c) "Auxiliary aids and services" includes: 6
1. Qualified interpreters or other effective methods of making aurally 7
delivered materials available to individuals with hearing impairments; 8
2. Qualified readers, taped texts, or other effective methods of making 9
visually delivered materials available to individuals with visual 10
impairments; 11
3. Acquisition or modification of equipment or devices; and 12
4. Other similar services and actions. 13
(2) An impairment that substantially limits one (1) major life acti vity need not limit 14
other major life activities to be considered a disability. 15
(3) An impairment that is episodic or in remission is a disability if it would 16
substantially limit a major life activity when active. 17
(4) (a) The determination of whether an imp airment substantially limits a major 18
life activity shall be made without regard to the ameliorative effects of 19
mitigating measures such as: 20
1. Medication, medical supplies, equipment, or appliances, low -vision 21
devices not including ordinary eyeglasses or contact lenses, prosthetics 22
including limbs and devices, hearing aids and cochlear implants or 23
other implantable hearing devices, mobility devices, or oxygen therapy 24
equipment and supplies; 25
2. Use of assistive technology; 26
3. Reasonable accommodations or auxiliary aids or services; or 27
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4. Learned behavioral or adaptive neurological modifications. 1
(b) The ameliorative effects of the mitigating measures of ordinary eyeglasses 2
or contact lenses shall be considered in determining whether an impairment 3
substantially limits a major life activity. 4
(5) An employer shall not be required to offer an accommodation to an employee 5
who is regarded as having such an impairment as defined in Section 1 of this Act. 6
Section 3. KRS 344.020 is amended to read as follows: 7
(1) The general purposes of this chapter are: 8
(a) To provide for execution within the Commonwealth[state] of the policies 9
embodied in the [Federal ]Civil Rights Act of 1964 , Pub. L. No. 88 -352, as 10
amended[ (78 Stat. 241)], Title VIII of the [Federal ]Civil Rights Act of 1968, 11
Pub. L. No. 90 -284, as amended [ (82 Stat. 81)] , the Fair Housing Act , Pub. 12
L. No. 90 -284, as amended [ (42 U.S.C. 360)] , the [Federal ] Age 13
Discrimination in Employment Act of 1967 , Pub. L. No. 90 -202, as 14
amended[ (81 Stat. 602)] , the Americans with Disabilities Act of 1990 , Pub. 15
L. No. [(P.L. ]101-336[)], as amended, [and ]the Civil Rights Act of 1991 , 16
Pub. L. No. 102 -166, as amended [ (P.L. 102 -166, amended by P.L. 102 -17
392)], and the Americans with Disabilities Act Amendments Act of 2008, 18
Pub. L. No. 110-325, as amended; 19
(b) To safeguard all individuals within the Commonwealth[state] from 20
discrimination because of familial status, race, color, religion, national origin, 21
sex, age forty (40) and over, or because of the person's status as a qualified 22
individual with a disability as defined in KRS 344.010 and KRS 344.030; 23
thereby to prote ct their interest in personal dignity and freedom from 24
humiliation, to make available to the Commonwealth[state] their full 25
productive capacities, to secure the Commonwealth[state] against domestic 26
strife and unrest which would menace its democratic instit utions, to preserve 27
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the public safety, health, and general welfare, and to further the interest, 1
rights, and privileges of individuals within the Commonwealth[state]; and 2
(c) To establish as the policy of the Commonwealth the safeguarding of the rights 3
of an individual selling or leasing his or her primary residence through private 4
sale without the aid of any real estate operator, broker, or 5
salesperson[salesman] and without advertising or public display. 6
(2) This chapter shall be construed to further the g eneral purposes stated in this section 7
and the special purposes of the particular provision involved. 8
(3) [Nothing in ] This chapter shall not be construed as indicating an intent to exclude 9
local laws on the same subject matter not inconsistent with this chapter. 10
(4) [Nothing contained in ]This chapter shall not be deemed to repeal any other law of 11
this Commonwealth[state] relating to discrimination because of familial status, 12
race, color, religion, national origin, sex, age forty (40) and over, or because of the 13
person's status as a qualified individual with a disability as defined in KRS 344.030. 14
Section 4. KRS 344.030 is amended to read as follows: 15
For the purposes of KRS 344.030 to 344.110: 16
(1) (a) "Qualified individual with a disability": 17
1. Means an individual with a disability as defined in KRS 344.010 who, 18
with or without reasonable accommodation, can perform the essential 19
functions of the employment position that the individual holds or desires 20
unless an employer demonstrates that he or she is unable to reasonably 21
accommodate an employee's or prospective employee's disability 22
without undue hardship on the conduct of the employers' business; and 23
2. Shall be interpreted in a manner consistent with the Americans with 24
Disabilities Act Amendments Act of 2008, Pub. L. No. 110 -325, as 25
amended; and[.] 26
(b) Consideration shall be given to the employer's judgment as to what functions 27
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of a job are essential , and if an employer has prepared a written description 1
before advertising or interviewing applicants for the job, this description shall 2
be considered evidence of the essential functions of the job; 3
(2) (a) Except as provided in paragraphs (b) and (c) of this subsection, "employer" 4
means a person who has eight (8) or more employees within the 5
Commonwealth[state] in each of twenty (20) or more calendar weeks in the 6
current or preceding calendar year and an agent of such a person;[, except ] 7
(b) For purposes of determining accommodations for an employee's own 8
limitations related to her pregnancy, childbirth, or related medical conditions, 9
"employer" means a person who has fifteen (15) or more employees within 10
the Commonwealth[state] in each of twenty (20) or more calendar weeks in 11
the current or preceding calendar year and any agent of the person ; and[, and, 12
except ] 13
(c) For purposes of determining discrimination based on disability, "employer": 14
1. Means a person engaged in an indus try affecting commerce who has 15
fifteen (15) or more employees for each working day in each of twenty 16
(20) or more calendar weeks in the current or preceding calendar year, 17
and any agent of that person ; and [, except that, for two (2) years 18
following July 14 , 1992, an employer means a person engaged in an 19
industry affecting commerce who has twenty -five (25) or more 20
employees for each working day in each of twenty (20) or more calendar 21
weeks in the current or preceding year, and any agent of that person. For 22
the purposes of determining discrimination based on disability, 23
employer ] 24
2. Shall not include: 25
a.[(a)] The United States, a corporation wholly owned by the 26
government of the United States, or an Indian tribe; or 27
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b.[(b)] A bona fide private membership club (other than a labor 1
organization) that is exempt from taxation under Section 501(c) of 2
the Internal Revenue Service Code of 1986; 3
(3) "Employment agency" means a person regularly undertaking with or without 4
compensation to procure employees for an employe r or to procure for employees 5
opportunities to work for an employer and includes an agent of the[such] person; 6
(4) "Labor organization" means a labor organization and an agent of a labor[such an] 7
organization, and includes: 8
(a) An organization of any kind, an agency or employee representation 9
committee, group, association, or plan [so engaged ] in which employees 10
participate and which exists for the purpose, in whole or in part, of dealing 11
with employers concerning grievances, labor disputes, wages, rates of pay, 12
hours, or other terms or conditions of employment;[,] and 13
(b) A conference, general committee, joint or system board, or joint council [so 14
engaged which is ] subordinate to a national or international labor 15
organization; 16
(5) (a) "Employee" means an i ndividual employed by an employer, but does not 17
include an individual employed by his or her parents, spouse, or child, or an 18
individual employed to render services as a domestic in the home of the 19
employer;[.] 20
(b) Notwithstanding any voluntary agreement e ntered into between the United 21
States Department of Labor and a franchisee, neither a franchisee nor a 22
franchisee's employee shall be deemed to be an employee of the franchisor for 23
any purpose under this chapter;[.] 24
(c) Notwithstanding any voluntary agreem ent entered into between the United 25
States Department of Labor and a franchisor, neither a franchisor nor a 26
franchisor's employee shall be deemed to be an employee of the franchisee for 27
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any purpose under this chapter; and[.] 1
(d) For purposes of this subsec tion, "franchisee" and "franchisor" have the same 2
meanings as in 16 C.F.R. sec. 436.1; 3
(6) "Reasonable accommodation": 4
(a) Means making existing facilities used by employees readily accessible to and 5
usable by individuals with disabilities, job restructuring, part-time or modified 6
work schedules, reassignment to a vacant position, acquisition or modification 7
of equipment or devices, appropriate adjustment or modifications of 8
examinations, training materials or policies, the provision of qualified readers 9
or interpreters, and other similar accommodations for individuals with 10
disabilities; and 11
(b) For an employee's own limitations related to her pregnancy, childbirth, or 12
related medical conditions, may include more frequent or longer breaks, time 13
off to recove r from childbirth, acquisition or modification of equipment, 14
appropriate seating, temporary transfer to a less strenuous or less hazardous 15
position, job restructuring, light duty, modified work schedule, and private 16
space that is not a bathroom for expressing breast milk; 17
(7) "Religion" means all aspects of religious observance and practice, as well as belief, 18
unless an employer demonstrates that he or she is unable to reasonably 19
accommodate to an employee's or prospective employee's religious observance or 20
practice without undue hardship on the conduct of the employer's business; 21
(8) (a) The terms "because of sex" and "on the basis of sex" include but are not 22
limited to because of or on the basis of pregnancy, childbirth, or related 23
medical conditions, and women affected by pre gnancy, childbirth, or related 24
medical conditions shall be treated the same for all employment -related 25
purposes, including receipt of benefits under fringe benefit programs, as other 26
persons not so affected but similar in their ability or inability to work. 27
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(b) "Related medical condition" includes but is not limited to lactation or the need 1
to express breast milk for a nursing child and has the same meaning as in the 2
Pregnancy Discrimination Act, 42 U.S.C. sec. 2000e(k), and shall be 3
construed as that term has been construed under that Act; and 4
(9) "Undue hardship," for purposes of disability discrimination or limitations due to 5
pregnancy, childbirth, or related medical conditions as described in KRS 6
344.040(1)(c), means an action requiring significant diffi culty or expense, when 7
considered in light of the following factors: 8
(a) The nature and cost of the accommodation needed; 9
(b) The overall financial resources of the facility or facilities involved in the 10
provision of the reasonable accommodation; the numbe r of persons employed 11
at the facility; the effect on expenses and resources; or the impact otherwise of 12
the[such] accommodation upon the operation of the facility; 13
(c) The overall financial resources of the covered entity; the overall size of the 14
business of a covered entity with respect to the number of its employees; and 15
the number, type, and location of its facilities; 16
(d) The type of operation or operations of the covered entity, including the 17
composition, structure, and functions of the workforce of su ch entity; the 18
geographic separateness, administrative, or fiscal relationship of the facility or 19
facilities in question to the covered entity; and 20
(e) In addition to paragraphs (a) to (d) of this subsection, for pregnancy, 21
childbirth, and related medical conditions, the following factors: 22
1. The duration of the requested accommodation; and 23
2. Whether similar accommodations are required by policy to be made, 24
have been made, or are being made for other employees for[due to] any 25
reason. 26
Section 5. KRS 344.190 is amended to read as follows: 27
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In the enforcement of this chapter, the commission [on Human Rights ] shall have the 1
following powers and duties: 2
(1) To maintain an office in the city of Louisville and other offices within the 3
Commonwealth[state] as may be deemed necessary;[.] 4
(2) To meet and exercise its powers at any place within the Commonwealth;[.] 5
(3) Within the limitations provided by law, to appo int an executive director, attorneys, 6
hearing examiners, clerks, and other employees and agents as it may deem 7
necessary. At the direction of the commission, attorneys appointed under this 8
section may appear for and represent the commission in any court. T he commission 9
may, by written order, delegate the authority given by this subsection to its 10
executive director, except as that authority relates to the appointment of its 11
executive director;[.] 12
(4) To promote the creation of local commissions on human righ ts, to cooperate with 13
state, local, and other agencies, both public and private, and individuals, and to 14
obtain upon request and utilize the services of all governmental departments and 15
agencies;[.] 16
(5) To cooperate with the [United States ]Equal Employment Opportunity Commission, 17
created by [Section 705 of ] the Civil Rights Act of 1964 , Pub. L. No. 88 -352[ (78 18
Stat. 241)], [in order to achieve the purposes of that act, ] and with other federal and 19
local agencies in order to achieve the purposes of that act, and with other federal 20
and local agencies in order to achieve the purposes of this chapter;[.] 21
(6) To accept gifts or bequests, grants, or other payments, public or private, to help 22
finance its activities;[.] 23
(7) To accept reimbursement pursuant to Sectio n 709(b) of the Civil Rights Act of 24
1964, Pub. L. No. 88 -352 [(78 Stat. 241) ] for services rendered to assist the 25
[Federal ]Equal Employment Opportunity Commission;[.] 26
(8) To receive, initiate, investigate, and seek to conciliate[, hold hearings on, and pa ss 27
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upon] complaints alleging violations of this chapter;[.] 1
(9) To seek relief against unlawful practices in employment and public 2
accommodations as provided in Section 6 of this Act; 3
(10) To exercise the powers conferred in KRS 344.600 to 344.680 with res pect to 4
unlawful practices in housing; 5
(11)[(9)] At any time after a complaint is filed, to require answers to interrogatories, 6
compel the attendance of witnesses, examine witnesses under oath or affirmation in 7
person or by deposition, and require the prod uction of documents relevant to the 8
complaint. The commission may make rules authorizing any member or individual 9
designated to exercise these powers in the performance of official duties;[.] 10
(12)[(10)] To furnish technical assistance requested by persons subject to this chapter to 11
further their compliance with this chapter or an order issued thereunder;[.] 12
(13)[(11)] To make studies appropriate to effectuate the purposes and policies of this 13
chapter and to make the results thereof available to the public;[.] 14
(14)[(12)] To render annual written reports to the Governor and the Legislative 15
Research Commission for referral to the Interim Joint Committee on 16
Judiciary[Legislature]. The reports may contain recommendations of the 17
commission for legislative or other action to effectuate the purposes and policies of 18
this chapter;[.] 19
(15)[(13)] To create local or statewide advisor y agencies that in its judgment will aid in 20
effectuating the purpose of this chapter. The commission may empower these 21
agencies: 22
(a) To study and report on problems of discrimination because of familial status, 23
race, color, religion, [or ] national origin , sex, age forty (40) and over, or a 24
person's status as a qualified individual with a disability;[,] 25
(b) To foster, through community effort or otherwise, goodwill among the groups 26
and elements of the population of the Commonwealth;[state,] and 27
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(c) To make recommendations to the commission for the development of policies 1
and practices that will aid in carrying out the purposes of this chapter. 2
Members of those agencies [such committees] shall serve without pay but 3
shall be reimbursed for expenses incurred in [such ]service. The commission 4
may make provision for technical and clerical assistance to the 5
agencies;[committees.] 6
(16)[(14)] To [adopt, ] promulgate[, amend, and rescind] administrative regulations in 7
accordance with KRS Chapter 13A to effectuate the p urposes and provisions of 8
this chapter, including regulations requiring the posting of notices prepared or 9
approved by the commission; and[.] 10
(17)[(15)] To purchase liability insurance for the protection of all members of the 11
commission to protect them fro m liability arising in the course of pursuing their 12
duties as members of the commission and for all full -time employees to protect 13
them from liability arising in the course or scope of their employment. This 14
insurance shall be purchased with money containe d in the agency's[agency] 15
appropriated budget. 16
Section 6. KRS 344.200 is amended to read as follows: 17
(1) (a) An individual claiming to be aggrieved by an unlawful practice other than a 18
discriminatory housing practice, a member of the commission, or the Attorney 19
General may file with the commission a written sworn complaint stating that 20
an unlawful practice has been committed, setting forth the facts upon which 21
the complaint is based, and setting forth facts sufficient to enable the 22
commission to identify the [persons charged ( referred to as the ] respondent[ 23
in this section, KRS 344.210, 344.230, and 344.240)] . The commission shall 24
make reasonable accommodations to assist persons with disabilities in filing a 25
written sworn complaint. The commission staff or a person designated 26
pursuant to its administrative regulations shall promptly investigate the 27
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allegations of unlawful practice set forth in the complaint and shall within five 1
(5) days furnish the respondent with a copy of the complaint. The complaint 2
must be filed within one hundred eighty (180) days after the alleged unlawful 3
practice occurs. 4
(b) An individual claiming to be aggrieved by an unlawful practice other than a 5
discriminatory housing practice may file a civil cause of action in Circuit 6
Court pursuant to KRS 344.450 without first filing a complaint with the 7
commission. 8
(2) (a) 1. The commission or an individual designated pursuant to its 9
administrative regulations shall: 10
a. Allow a respondent at least twenty (2 0) days to file a written 11
response to the complaint; and 12
b. Determine [within thirty (30) days after the complaint has been 13
filed ]whether there is probable cause to believe the respondent has 14
engaged in an unlawful practice. 15
2. a. If the commission determ ines that there is probable cause to 16
believe that the respondent has engaged in an unlawful practice, 17
the commission may file an action in Circuit Court in 18
accordance with subsection (6)(a) of this section no later than 19
one hundred eighty (180) days after its receipt of the complaint. 20
b. If the commission declines or fails to file an action under 21
subdivision a. of this subparagraph, the commission shall issue a 22
notice dismissing the complaint without prejudice and furnish 23
copies to the complainant and the respondent. 24
3. If the commission determines[it is determined] that there is no probable 25
cause to believe that the respondent has engaged in an unlawful practice, 26
the commission shall issue an order dismissing the complaint without 27
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prejudice and [shall ] furnish a copy of the order to the complainant [,] 1
and the respondent[, the Attorney General, and any other public officers 2
and persons that the commission deems proper]. 3
4. If the commission is unable to determine within one hundred eighty 4
(180) days of its receipt of a complaint whether there is probable cause 5
to believe the respondent has engaged in an unlawful practice, the 6
commission shall issue a notice dismissing the complaint without 7
prejudice and furnish copies to the complainant and the respondent. 8
(b) An individual claiming to be aggrieved by an unlawful practice other than a 9
discriminatory housing practice may file a civil cause of action in Circuit 10
Court pursuant to KRS 344.450 asserting a claim arising from the same 11
facts or circumstances while the complaint is pending before the 12
commission or after its dismissal by the commission. 13
(3) Neither the filing of the complaint with the commission nor its investigation by or 14
pendency before the commission shall operate to toll or suspend the running of a 15
statute of limitations under KRS 413.115 or any other statute [The complainant, 16
within ten (10) days after receiving a copy of the order dismissing the complaint, 17
may file with the commission an application for reconsideration of the order. Upon 18
receiving a reconsideration application, the commission or an individual desi gnated 19
pursuant to administrative regulation shall make a new determination within ten 20
(10) days whether there is probable cause to believe that the respondent has 21
engaged in an unlawful practice. If it is determined that there is no probable cause 22
to believe that the respondent has engaged in an unlawful practice, the commission 23
shall issue an order dismissing the complaint and furnishing a copy of the order to 24
the complainant, the respondent, the Attorney General, and any other public officers 25
and persons that the commission deems proper]. 26
(4) (a) If the commission[staff] determines[,] after investigation [, or if the 27
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commission determines after the review provided for in subsection (3) of this 1
section] that there is probable cause to believe that the respo ndent has 2
engaged in an unlawful practice, the commission [staff ] shall endeavor to 3
eliminate the alleged unlawful practice by conference, conciliation, and 4
persuasion. 5
(b) The terms of a conciliation agreement reached with a respondent may require 6
him or her to refrain from the commission of unlawful discriminatory 7
practices in the future and make any further provisions as may be agreed upon 8
between the commission or its staff and the respondent. 9
(c) If a conciliation agreement is entered into, the commission shall issue and 10
serve on the complainant an order stating its terms. A copy of the order shall 11
be delivered to the respondent [, the Attorney General, and any other public 12
officers and persons that the commission deems proper]. 13
(d) Except for the terms of the conciliation agreement, neither the commission 14
nor any officer or employee thereof shall make public, without the written 15
consent of the complainant and the respondent, information concerning efforts 16
in a particular case to eliminate an unlawful practice by conference, 17
conciliation, or persuasion whether or not there is a determination of probable 18
cause or a conciliation agreement. 19
(5) At the expiration of one (1) year from the date of a concil iation agreement, and at 20
other times in its reasonable discretion, the commission staff may investigate 21
whether the terms of the agreement have been and are being complied with by the 22
respondent. Upon a finding that the terms of the agreement are not being complied 23
with by the respondent, the commission shall take whatever action it deems 24
appropriate to assure compliance. 25
(6) (a) 1. Not later than one hundred eighty (180) days after its receipt of the 26
complaint[At any time after a complaint is filed] , the c ommission may 27
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file an action in the Circuit Court in a county in which the subject of the 1
complaint occurs, or in a county in which a respondent resides or has his 2
or her principal place of business, seeking appropriate [temporary ]relief 3
against the respo ndent on behalf of a private party who has not 4
previously filed a civil cause of action for the same grievance [, 5
pending final determination of proceedings including an order or decree 6
restraining him from doing or procuring any act tending to render 7
ineffectual any order the commission may enter with respect to the 8
complaint. The court shall have power to grant temporary relief or a 9
restraining order as it deems just and proper]. 10
2. The commission may request appropriate relief for the aggrieved 11
private party on whose behalf the action was filed, not to exceed the 12
remedies in KRS 344.450. 13
3. A jury shall decide all matters triable by jury at common law, 14
including without limitation questions of fact, questions of liability, 15
and monetary damages. 16
4. An action filed under this paragraph shall be subject to the statute of 17
limitations in KRS 413.115. 18
(b) The commission's filing of an action under paragraph (a) of this subsection 19
shall prevent the aggrieved private party from filing a civil cause of action 20
pursuant to KRS 344.450 arising from the same facts or circumstances. The 21
aggrieved private party may, however, intervene in the action filed by the 22
commission. 23
(c) The court shall dismiss a civil action filed by the commission if the 24
aggrieved individual previously filed an action arising from the same set of 25
facts or circumstances pursuant to KRS 344.450. The commission may 26
intervene in the previously filed action provided the plaintiff consents in 27
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writing to the intervention. 1
(d) In any civil action filed un der this section, the commission may request 2
appropriate relief for the aggrieved private party on whose behalf the action 3
was filed, not to exceed the remedies in KRS 344.450. 4
(e) A jury shall decide all matters triable by jury at common law, including 5
without limitation questions of fact, questions of liability, and monetary 6
damages. 7
(7) Notwithstanding KRS 413.115, subsection (6) of this section, or any other law to 8
the contrary, a private party: 9
(a) Who claims to be aggrieved by a practice that is unlaw ful under this 10
chapter, other than a discriminatory housing practice; 11
(b) Who timely filed his or her complaint with the commission prior to the 12
effective date of this Act; and 13
(c) Whose written complaint remained pending before the commission on the 14
effective date of this Act; 15
may file a civil cause of action in Circuit Court pursuant to KRS 344.450 not 16
later than one (1) year after the effective date of this Act. The filing of such an 17
action shall be deemed timely and shall not be barred by a statute of limitations 18
that would otherwise apply. 19
(8) [Nothing in ]This section shall not apply to any discriminatory housing practice. 20
Section 7. KRS 344.320 is amended to read as follows: 21
A local commission may be authorized to: 22
(1) Receive, initiate, and investigate[, hear, and determine] charges of violations of 23
ordinances, orders, or resolutions forbidding discrimination adopted by the city or 24
county;[.] 25
(2) Compel the attendance of witnesses and the production of evidence before it by 26
subpoena issued by the Circuit Court of the county w herein the local commission is 27
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authorized to act;[.] 1
(3) [Issue remedial orders, after notice and hearing, requiring cessation of violations. 2
(4) Issue such affirmative orders as in the judgment of the local commission will carry 3
out the purposes of this c hapter. Affirmative action ordered may include but is not 4
limited to the remedies enumerated in subsection (3) of KRS 344.230. 5
(5) ]Employ an executive director, attorneys, [hearing examiners, clerks ] and other 6
employees and agents; and[.] 7
(4)[(6)] Accept grants, gifts, or bequests, public or private , to help finance its 8
activities. 9
SECTION 8. KRS 344.340 IS REPEALED AND REENACTED TO READ 10
AS FOLLOWS: 11
(1) (a) An individual claiming to be aggrieved by a practice made unlawful by a 12
city or county under KRS 344.300 may file with a local commission a 13
written sworn complaint stating that an unlawful practice has been 14
committed, setting forth the facts upon which the complaint is based, a nd 15
setting forth facts sufficient to enable the local commission to identify the 16
respondent. The local commission shall make reasonable accommodations 17
to assist persons with disabilities in filing a written sworn complaint. The 18
local commission shall promp tly investigate the allegations of unlawful 19
practice set forth in the complaint and shall within five (5) days furnish the 20
respondent with a copy of the complaint. The complaint shall be filed within 21
one hundred eighty (180) days after the alleged unlawful practice occurs. 22
(b) An individual claiming to be aggrieved by a practice made unlawful by a 23
city or county under KRS 344.300 may file a civil cause of action in Circuit 24
Court pursuant to KRS 344.450 without first filing a complaint with a local 25
commission. 26
(2) (a) 1. The local commission shall: 27
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a. Allow a respondent at least twenty (20) days to file a written 1
response to the complaint; and 2
b. Determine whether there is probable cause to believe the 3
respondent has engaged in an unlawful practice. 4
2. a. If the local commission determines that there is probable cause 5
to believe that the respondent has engaged in an unlawful 6
practice, the local commission may file an action in Circuit 7
Court in accordance with subsection (6)(a) of this section no 8
later than one hundred eighty (180) days after its receipt of the 9
complaint. 10
b. If the local commission declines or fails to file an action under 11
subdivision a. of this subparagraph, the local commission shall 12
issue a notice dismissing the complaint without prejudice an d 13
furnish copies to the complainant and the respondent. 14
3. If the local commission determines that there is no probable cause to 15
believe that the respondent has engaged in an unlawful practice, the 16
local commission shall issue an order dismissing the compl aint 17
without prejudice and furnish a copy of the order to the complainant 18
and the respondent. 19
4. If the local commission is unable to determine within one hundred 20
eighty (180) days of its receipt of a complaint whether there is 21
probable cause to believe th e respondent has engaged in an unlawful 22
practice, the local commission shall issue a notice dismissing the 23
complaint without prejudice and furnish copies to the complainant 24
and the respondent. 25
(b) An individual claiming to be aggrieved by a practice made u nlawful by a 26
city or county under KRS 344.300 may file a civil cause of action in Circuit 27
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Court pursuant to KRS 344.450 asserting a claim arising from the same 1
facts or circumstances while the complaint is pending before the local 2
commission or after its dismissal by the local commission. 3
(3) Neither the filing of the complaint with a local commission nor its investigation 4
by or pendency before a local commission shall operate to toll or suspend the 5
running of a statute of limitations under KRS 413.115 or any other statute. 6
(4) (a) If the local commission determines after investigation that there is probable 7
cause to believe that the respondent has engaged in an unlawful practice, 8
the local commission may endeavor to eliminate the alleged unlawful 9
practice by conference, conciliation, and persuasion. 10
(b) The terms of a conciliation agreement reached with a respondent may 11
require him or her to refrain from engaging in unlawful discriminatory 12
practices in the future and make any further provisions as may be agr eed 13
upon between the local commission or its staff and the respondent. 14
(c) If a conciliation agreement is entered into, the local commission shall issue 15
and serve on the complainant an order stating its terms. A copy of the order 16
shall be delivered to the respondent. 17
(d) Except for the terms of the conciliation agreement, neither the local 18
commission nor any of its officers or employees shall make public, without 19
the written consent of the complainant and the respondent, information 20
concerning efforts in a particular case to eliminate an unlawful practice by 21
conference, conciliation, or persuasion, whether or not the complaint 22
results in a determination of probable cause or a conciliation agreement. 23
(5) At the expiration of one (1) year from the date of a conciliation agreement, and at 24
other times in its reasonable discretion, the local commission staff may 25
investigate whether the terms of the agreement have been and are being complied 26
with by the respondent. Upon a finding that the terms of the agreement are not 27
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being complied with by the respondent, the local commission shall take whatever 1
action it deems appropriate to assure compliance. 2
(6) (a) 1. Not later than one hundred eighty (180) days after its receipt of the 3
complaint, the local commission may file an action in Circuit Court 4
seeking appropriate relief against the respondent on behalf of a 5
private party who has not previously filed a civil cause of action for 6
the same grievance. 7
2. The local commission may request appropriate relief for the aggrieved 8
private party on whose behalf the action was filed, not to exceed the 9
remedies in KRS 344.450. 10
3. A jury shall decide all matters triable by jury at common law, 11
including without limitation questions of fact, questions of liability, 12
and monetary damages. 13
4. An action filed under this paragraph shall be subject to the statute of 14
limitations in KRS 413.115. 15
(b) A local commission's filing of an action under paragraph (a) of this 16
subsection shall prevent the aggrieved private party from filing a civil cause 17
of action pursuant to KRS 344.450 arising from the same facts or 18
circumstances. The aggrieved private party may, however, intervene in the 19
action filed by the local commission. 20
(c) The court shall dismiss a civil action filed by a local commission if the 21
aggrieved private party previously filed an action arising from the same set 22
of facts or circumstances pursuant to KRS 344.450. The local commission 23
may intervene in the previously f iled action if the plaintiff consents in 24
writing to the intervention. 25
(7) Notwithstanding KRS 413.115, subsection (6) of this section, or any other law to 26
the contrary, a private party: 27
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(a) Who claims to be aggrieved by a practice that is made unlawful by a city or 1
county under KRS 344.300; 2
(b) Who timely filed his or her complaint with the local commission prior to the 3
effective date of this Act; and 4
(c) Whose written complaint remained pending before the local commission on 5
the effective date of this Act; 6
may file a civil cause of action in Circuit Court pursuant to KRS 344.450 not 7
later than one (1) year after the effective date of this Act. The filing of the action 8
shall be deemed timely and shall not be barred by a statute of limitations that 9
would otherwise apply. 10
Section 9. KRS 344.635 is amended to read as follows: 11
(1) When a discriminatory housing charge is filed under KRS 344.625, a complainant, 12
a respondent, or the aggrieved person on whose behalf the complaint is filed [,] 13
may: 14
(a) Elect to have the claims asserted in that charge decided in a civil action under 15
KRS 3 44.670[,] in lieu of an administrative hearing before the commission 16
under KRS 344.640; and 17
(b) Demand a trial by jury if the civil action is elected. 18
(2)[(1)] The election shall be made not later than twenty (20) days after the receipt by 19
the electing person of service under KRS 344.630 [, from the commission or, in the 20
case of the commission, not later than twenty (20) days after service to the 21
respondent and complainant]. 22
(3)[(2)] The person making the election shall give written notice of the election[doing 23
so] to the commission [ and to all other complainants and respondents to whom the 24
charge relates]. 25
Section 10. KRS 344.660 is amended to read as follows: 26
(1) In a civil action under KRS 344.650, if the Circuit Court f inds that a discriminatory 27
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housing practice has occurred or is about to occur, the Circuit Court may award to 1
the plaintiff actual and punitive damages, and subject to subsection (3) of this 2
section, may grant other[as] relief[,] as the court deems appropriate, including: 3
(a) The issuance of any: 4
1. Permanent or temporary injunction;[,] 5
2. Restraining order;[, or ] 6
3. Other order, including an order enjoining the defendant from engaging 7
in the discriminatory practice; or 8
(b) Ordering affirmative action as appropriate. 9
(2) In a civil action under KRS [344.240, ] 344.650[,] or 344.665, the court [,] in its 10
discretion[,] may award the prevailing complainant [,] a reasonable 11
attorney's[attorneys'] fee and costs. The court [,] in its discretion [,] may award the 12
prevailing respondent a reasonable attorney's[attorneys'] fee and costs if the 13
respondent establishes that the complaint upon which the action was based was 14
brought in bad faith. Whether a party has committed bad faith shall be determined 15
in accordance with Rule 11 of the Kentucky Rules of Civil Procedure. The 16
Commonwealth[state] shall not be liable in any event for fees and costs. 17
(3) [However, no ] Relief provided under this section shall not affect [effect] any 18
contract, sale, encumbrance, or lease: 19
(a) Consummated before the granting of that relief;[,] and 20
(b) Involving a bona fide purchaser, encumbrancer, or tenant;[,] 21
without actual notice of either the filing of the complaint of a discriminatory 22
housing practice complaint with the commission or the filing of a civil action. 23
Section 11. KRS 344.675 is amended to read as follows: 24
(1) In any administrative proceeding brought under KRS 344.640 or 344.645 or any 25
court proceeding arising therefrom, [including actions described in KRS 344.240 or 26
any civil action, ]the commission or the court, as the case may be, upon application 27
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of either party[,] and in its discretion, may: 1
(a) Appoint an attorney for the person; or 2
(b) Award a reasonable attorney's[attorneys'] fee and costs to the prevailing party 3
to the same extent allowed in KRS 344.660, or both. The 4
Commonwealth[state] shall not be liable in any event for fees and costs. 5
(2) The Commonwealth[state] through the commission's attorney or t he Attorney 6
General shall maintain any civil action on behalf of the complainant or aggrieved 7
party. 8
(3) Where the parties to an alleged discriminatory housing practice have elected an 9
administrative determination rather than a civil adjudication, the comm ission staff 10
attorney shall represent the complainant or aggrieved party before the commission. 11
Section 12. The following KRS sections are repealed: 12
344.210 Notice of complaint -- Hearing procedures. 13
344.230 Orders of commission -- Nature of affirmative action. 14
344.240 Scope of and procedure for judicial review --Hearing -- Appeal. 15
344.270 Commission or court not to take jurisdiction over claim for unlawful practice 16
while claim pending before the other body -- Final determination exclusive. 17