AN ACT relating to civil rights.

UNOFFICIAL COPY 26 RS BR 1693
Page 1 of 40
XXXX 2/11/2026 4:09 PM Jacketed
AN ACT relating to civil rights. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. KRS 344.010 IS REPEALED AND REENACTED TO READ 3
AS FOLLOWS: 4
As used in this chapter, unless the context otherwise requires: 5
(1) "Commission" means the Kentucky Commission on Human Rights; 6
(2) "Commissioner" means a member of the commission; 7
(3) "Credit transaction" means any open -end or closed -end credit transaction, 8
whether in the nature of a loan, retail installment transaction, credit card issue or 9
charge, or otherwise, and whether for personal or business purposes, in which a 10
service, finance, or interest charge is imposed, or which provides for repayment 11
in scheduled payments, when the credit is extended in the regular course of 12
business of any trade or commerce, including but not limited to transactions by 13
banks, savings and loan association s, or other financial lending institutions of 14
whatever nature, stockbrokers, or a merchant or mercantile establishment which 15
as part of its ordinary business permits or provides that payment for purchases of 16
property or services therefrom may be deferred; 17
(4) "Disability" means, with respect to an individual: 18
(a) A physical or mental impairment that substantially limits one (1) or more of 19
the major life activities of the individual; 20
(b) A record of such an impairment; or 21
(c) Being regarded as having such an impairment. 22
Persons with current or past controlled substances abuse or alcohol abuse 23
problems and persons excluded from coverage by the Americans with Disabilities 24
Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, shall not be considered 25
individuals with a disability; 26
(5) "Discrimination" means any direct or indirect act or practice of exclusion, 27
UNOFFICIAL COPY 26 RS BR 1693
Page 2 of 40
XXXX 2/11/2026 4:09 PM Jacketed
distinction, restriction, segregation, limitation, refusal, denial, or any other act or 1
practice of differentiation or preference in the treatment of a pers on or persons, 2
or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful 3
under this chapter; 4
(6) "Discriminatory housing practice" means an act that is unlawful under Section 5
19, 20, 21, 22, 23, or 24 of this Act; 6
(7) (a) "Familial status" means one (1) or more individuals who have not attained 7
the age of eighteen (18) and are domiciled with: 8
1. A parent or another person having legal custody of the individual or 9
individuals; or 10
2. The designee of a parent or other person having custo dy, with the 11
written permission of the parent or other person. 12
(b) The protection afforded against discrimination on the basis of familial 13
status shall apply to any person who is pregnant or is in the process of 14
securing legal custody of any individual who has not attained the age of 15
eighteen (18); 16
(8) "Family" includes a single individual; 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; 22
(10) "Gender identity" means having or being perceived as having a gender identity 23
or expression, whether or not traditionally associated with the sex assigned to that 24
person at birth; 25
(11) "Housing accommodations" includes improved and unimproved property and 26
means any building, structure, lot, or portion thereof which i s used or occupied, 27
UNOFFICIAL COPY 26 RS BR 1693
Page 3 of 40
XXXX 2/11/2026 4:09 PM Jacketed
or is intended, arranged, or designed to be used or occupied, as the home or 1
residence of one (1) or more families, and any vacant land which is offered for 2
sale or lease for the construction or location thereon of any such building or 3
structure; 4
(12) "Licensing agency" means any public or private organization which has as one 5
(1) of its duties the issuing of licenses or the setting of standards which an 6
individual must hold or must meet as a condition to practicing a particular trade 7
or profession or to obtaining certain employment within this Commonwealth or 8
as a condition to competing effectively with an individual who does hold a license 9
or meet the standards; 10
(13) "Local commission" means a local human rights commission created pursu ant 11
to Section 18 of this Act; 12
(14) "Person" includes one (1) or more individuals, labor organizations, joint 13
apprenticeship committees, partnerships, associations, corporations, legal 14
representatives, mutual companies, joint stock companies, limited liabi lity 15
companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, 16
fiduciaries, receivers, or other legal or commercial entities, or the Commonwealth 17
or any of its political or civil subdivisions or agencies; 18
(15) "Real estate broker" or "real estate salesperson" means any individual, whether 19
licensed or not, who: 20
(a) On behalf of others, for a fee, commission, salary, or other valuable 21
consideration, or who with the intention or expectation of receiving or 22
collecting the same, lists, s ells, purchases, exchanges, rents, or leases real 23
estate, or the improvements thereon, including options; 24
(b) Negotiates or attempts to negotiate on behalf of others an activity described 25
in paragraph (a) of this subsection; 26
(c) Advertises or holds oneself out as engaged in activities described in 27
UNOFFICIAL COPY 26 RS BR 1693
Page 4 of 40
XXXX 2/11/2026 4:09 PM Jacketed
paragraph (a) of this subsection; 1
(d) Negotiates or attempts to negotiate on behalf of others a loan secured by a 2
mortgage or other encumbrance upon a transfer of real estate; 3
(e) Is engaged in the business of charging an advance fee or contracting for 4
collection of a fee in connection with a contract whereby the individual 5
undertakes to promote the sale, purchase, exchange, rental, or lease of real 6
estate through its listing in a publication issued primarily for this purpose; 7
or 8
(f) Is employed by or acting on behalf of any person described in paragraphs 9
(a) to (e) of this subsection; 10
(16) "Real estate operator" means: 11
(a) Any individual or combination of individuals, labor organizations, joint 12
apprenticeship committees, partnerships, associations, corporations, legal 13
representatives, mutual co mpanies, joint stock companies, limited liability 14
companies, trusts, unincorporated organizations, trustees in bankruptcy, 15
receivers, or other legal or commercial entities, the county, or any of its 16
agencies, that: 17
1. Is engaged in the business of selling, purchasing, exchanging, renting, 18
or leasing real estate, or the improvements thereon, including options; 19
or 20
2. Derives income, in whole or in part, from the sale, purchase, 21
exchange, rental, or lease of real estate; or 22
(b) An individual employed by or a cting on behalf of any individual or entity 23
described in paragraph (a) of this subsection; 24
(17) "Real estate-related transaction" means: 25
(a) The making or purchasing of loans or providing other financial assistance: 26
1. For purchasing, constructing, improvi ng, repairing, or maintaining a 27
UNOFFICIAL COPY 26 RS BR 1693
Page 5 of 40
XXXX 2/11/2026 4:09 PM Jacketed
housing accommodation; or 1
2. Secured by real estate; or 2
(b) The selling, brokering, or appraising of real property, except that a person 3
engaged in the business of furnishing appraisals of real property shall not 4
take into consideration familial status, race, color, religion, national origin, 5
sex, sexual orientation, gender identity, age forty (40) and over, or 6
disability; 7
(18) "Real property" includes buildings, structures, real estate, lands, tenements, 8
leaseholds, cooperat ives, condominiums, and hereditaments, corporeal and 9
incorporeal, or any interest in them; 10
(19) "Sexual orientation" means an individual's actual or imputed heterosexuality, 11
homosexuality, or bisexuality; and 12
(20) "To rent" means to lease, sublease, let, or otherwise grant for a consideration the 13
right to occupy premises not owned by the occupant. 14
Section 2. KRS 344.020 is amended to read as follows: 15
(1) The general purposes of this chapter are to: 16
(a) [To ] Provide for execution within th e Commonwealth[state] of the policies 17
embodied in the [ Federal] Civil Rights Act of 1964 , Pub. L. No. 88 -352, as 18
amended[ (78 Stat. 241), Title VIII of the Federal Civil Rights Act of 1968 19
(82 Stat. 81)] , the Fair Housing Act , Pub. L. No. 90 -284, as amende d[ (42 20
U.S.C. 360)], the[ Federal] Age Discrimination in Employment Act of 1967 , 21
Pub. L. No. 90 -202, as amended [ (81 Stat. 602)] , the Americans with 22
Disabilities Act of 1990, Pub. L. No.[ (P.L.] 101-336[)], as amended, and the 23
Civil Rights Act of 1991 , Pub. L. No. 102 -166, as amended[ ( P.L. 102 -166, 24
amended by P.L. 102-392)]; 25
(b) [To ] Safeguard all individuals within the Commonwealth[state] from 26
discrimination because of familial status, race, color, religion, national origin, 27
UNOFFICIAL COPY 26 RS BR 1693
Page 6 of 40
XXXX 2/11/2026 4:09 PM Jacketed
sex, sexual orientation, gender identity, age forty (40) and over, or [ because 1
of the person's status as a qualified individual with a] disability[ as defined in 2
KRS 344.010 and KRS 344.030] ; thereby to protect their interest in personal 3
dignity a nd freedom from humiliation, to make available to the 4
Commonwealth[state] their full productive capacities, to secure the 5
Commonwealth[state] against domestic strife and unrest which would menace 6
its democratic institutions, to preserve the public safety, health, and general 7
welfare, and to further the interest, rights, and privileges of individuals within 8
the Commonwealth[state]; and 9
(c) [To ] Establish as the policy of the Commonwealth the safeguarding of the 10
rights of an individual selling or leasing the individual's[his] primary 11
residence through private sale without the aid of any real estate operator, 12
broker, or salesperson[salesman] and without advertising or public display. 13
(2) This chapter shall be construed to further the general purposes stated in this section 14
and the special purposes of the particular provision involved. 15
(3) [Nothing in ] This chapter shall not be construed as indicating an intent to exclude 16
local laws on the same subject matter not inconsistent with this chapter. 17
(4) [Nothing contained in ]This chapter shall not be deemed to repeal any other law of 18
this Commonwealth[state] relating to discrimination because of familial status, 19
race, color, religion, national origin, sex, sexual orientation, gender identity, age 20
forty (40) and over, or[ because of the person's status as a qualified individual with 21
a] disability[ as defined in KRS 344.030]. 22
Section 3. KRS 344.025 is amended to read as follows: 23
[No provision in ] KRS Chapter 18A shall not be construed to preclude any classified or 24
unclassified state employee from appealing to the personnel board any action alleged to 25
be in violation of laws prohibiting discrimination based on an individual's familial 26
status, race, color, religion, national origin,[a person's status as a qualified individual 27
UNOFFICIAL COPY 26 RS BR 1693
Page 7 of 40
XXXX 2/11/2026 4:09 PM Jacketed
with a disability,] sex, sexual orientation, gender identity, age[,] forty (40) and over, or 1
disability[religion, or race or national origin], in accordance with this chapter. 2
Section 4. KRS 344.040 is amended to read as follows: 3
(1) It is an unlawful practice for an employer to: 4
(a) Because of the individual's familial status, race, color, religion, national 5
origin, sex, sexual orientation, gender ide ntity, age forty (40) and over, 6
disability, or because the individual is a smoker or nonsmoker, as long as 7
the individual complies with any workplace policy concerning smoking: 8
1. Fail or refuse to hire, or to discharge any individual, or otherwise to 9
discriminate against an individual with respect to compensation, 10
terms, conditions, or privileges of employment; or 11
2. Limit, segregate, or classify employees in any way that would deprive 12
or tend to deprive an individual of employment opportunities or 13
otherwise adversely affect status as an employee [To fail or refuse to 14
hire, or to discharge any individual, or otherwise to discriminate against 15
an individual with respect to compensation, terms, conditions, or 16
privileges of employment, because of the individual' s race, color, 17
religion, national origin, sex, age forty (40) and over, because the person 18
is a qualified individual with a disability, or because the individual is a 19
smoker or nonsmoker, as long as the person complies with any 20
workplace policy concerning smoking; 21
(b) To limit, segregate, or classify employees in any way which would deprive or 22
tend to deprive an individual of employment opportunities or otherwise 23
adversely affect status as an employee, because of the individual's race, color, 24
religion, national origin, sex, or age forty (40) and over, because the person is 25
a qualified individual with a disability, or because the individual is a smoker 26
or nonsmoker, as long as the person complies with any workplace policy 27
UNOFFICIAL COPY 26 RS BR 1693
Page 8 of 40
XXXX 2/11/2026 4:09 PM Jacketed
concerning smoking]; 1
(b)[(c)] [To ] Fail to make reasonable accommodations for any employee with 2
limitations related to pregnancy, childbirth, or a related medical condition 3
who requests an accommodation, including but not limited to the need to 4
express breast milk, unless the employer can dem onstrate the accommodation 5
would impose an undue hardship on the employer's program, enterprise, or 6
business. The following shall be required as to reasonable accommodations: 7
1. An employee shall not be required to take leave from work if another 8
reasonable accommodation can be provided; 9
2. The employer and employee shall engage in a timely, good faith, and 10
interactive process to determine effective reasonable accommodations; 11
and 12
3. If the employer has a policy to provide, would be required to provide, is 13
currently providing, or has provided a similar accommodation to other 14
classes of employees, then a rebuttable presumption is created that the 15
accommodation does not impose an undue hardship on the employer; or 16
(c)[(d)] [To ] Require as a condition of employm ent that any employee or 17
applicant for employment abstain from smoking or using tobacco products 18
outside the course of employment, as long as the individual[person] complies 19
with any workplace policy concerning smoking. 20
(2) (a) A difference in employee con tribution rates for smokers and nonsmokers in 21
relation to an employer -sponsored health plan shall not be deemed to be an 22
unlawful practice in violation of this section. 23
(b) The offering of incentives or benefits offered by an employer to employees 24
who participate in a smoking cessation program shall not be deemed to be an 25
unlawful practice in violation of this section. 26
(3) (a) An employer shall provide written notice of the right to be free from 27
UNOFFICIAL COPY 26 RS BR 1693
Page 9 of 40
XXXX 2/11/2026 4:09 PM Jacketed
discrimination in relation to pregnancy, childbirth, and relat ed medical 1
conditions, including the right to reasonable accommodations, to[: 2
1. ]new employees at the commencement of employment[; and 3
2. Existing employees not later than thirty (30) days after June 27, 2019]. 4
(b) An employer shall conspicuously post a w ritten notice of the right to be free 5
from discrimination in relation to pregnancy, childbirth, and related medical 6
conditions, including the right to reasonable accommodations, at the 7
employer's place of business in an area accessible to employees. 8
Section 5. KRS 344.030 is amended to read as follows: 9
As used in[For the purposes of] KRS 344.030 to 344.110: 10
(1) ["Qualified individual with a disability" means an individual with a disability as 11
defined in KRS 344.010 who, w ith or without reasonable accommodation, can 12
perform the essential functions of the employment position that the individual holds 13
or desires unless an employer demonstrates that he is unable to reasonably 14
accommodate an employee's or prospective employee's disability without undue 15
hardship on the conduct of the employers' business. Consideration shall be given to 16
the employer's judgment as to what functions of a job are essential, and if an 17
employer has prepared a written description before advertising or i nterviewing 18
applicants for the job, this description shall be considered evidence of the essential 19
functions of the job; 20
(2) ]"Employer" means a person who has eight (8) or more employees within the 21
Commonwealth[state] in each of twenty (20) or more calend ar weeks in the current 22
or preceding calendar year and an agent of such a person, except for purposes of 23
determining accommodations for an employee's own limitations related to her 24
pregnancy, childbirth, or related medical conditions, employer means a pers on who 25
has fifteen (15) or more employees within the Commonwealth[state] in each of 26
twenty (20) or more calendar weeks in the current or preceding calendar year and 27
UNOFFICIAL COPY 26 RS BR 1693
Page 10 of 40
XXXX 2/11/2026 4:09 PM Jacketed
any agent of the person, and, except for purposes of determining discrimination 1
based on di sability, employer means a person engaged in an industry affecting 2
commerce who has fifteen (15) or more employees for each working day in each of 3
twenty (20) or more calendar weeks in the current or preceding calendar year, and 4
any agent of that person[, except that, for two (2) years following July 14, 1992, an 5
employer means a person engaged in an industry affecting commerce who has 6
twenty-five (25) or more employees for each working day in each of twenty (20) or 7
more calendar weeks in the current or preceding year, and any agent of that person]. 8
For the purposes of determining discrimination based on disability, employer shall 9
not include: 10
(a) The United States, a corporation wholly owned by the government of the 11
United States, or an Indian tribe; or 12
(b) A bona fide private membership club (other than a labor organization) that is 13
exempt from taxation under Section 501(c) of the Internal Revenue Service 14
Code of 1986; 15
(2)[(3)] "Employment agency" means a person regularly undertaking with or without 16
compensation to procure employees for an employer or to procure for employees 17
opportunities to work for an employer and includes an agent of such person; 18
(3)[(4)] "Labor organization" means a labor organization and an agent of such an 19
organization, and includes an organization of any kind, an agency or employee 20
representation committee, group, association, or plan so engaged in which 21
employees participate and which exists for the purpo se, in whole or in part, of 22
dealing with employers concerning grievances, labor disputes, wages, rates of pay, 23
hours, or other terms or conditions of employment, and a conference, general 24
committee, joint or system board, or joint council so engaged which is subordinate 25
to a national or international labor organization; 26
(4)[(5)] (a) "Employee" means an individual employed by an employer, but does 27
UNOFFICIAL COPY 26 RS BR 1693
Page 11 of 40
XXXX 2/11/2026 4:09 PM Jacketed
not include an individual employed by his or her parents, spouse, or child, or 1
an individual employed to render services as a domestic in the home of the 2
employer. 3
(b) Notwithstanding any voluntary agreement entered into between the United 4
States Department of Labor and a franchisee, neither a franchise e nor a 5
franchisee's employee shall be deemed to be an employee of the franchisor for 6
any purpose under this chapter. 7
(c) Notwithstanding any voluntary agreement entered into between the United 8
States Department of Labor and a franchisor, neither a franchi sor nor a 9
franchisor's employee shall be deemed to be an employee of the franchisee for 10
any purpose under this chapter. 11
(d) For purposes of this subsection, "franchisee" and "franchisor" have the same 12
meanings as in 16 C.F.R. sec. 436.1; 13
(5)[(6)] "Reasonable accommodation": 14
(a) Means making existing facilities used by employees readily accessible to and 15
usable by individuals with disabilities, job restructuring, part-time or modified 16
work schedules, reassignment to a vacant position, acquisition or modification 17
of equipment or devices, appropriate adjustment or modifications of 18
examinations, training materials or policies, the provision of qualified readers 19
or interpreters, and other similar accommodations for individuals with 20
disabilities; and 21
(b) For an em ployee's own limitations related to her pregnancy, childbirth, or 22
related medical conditions, may include more frequent or longer breaks, time 23
off to recover from childbirth, acquisition or modification of equipment, 24
appropriate seating, temporary transfer to a less strenuous or less hazardous 25
position, job restructuring, light duty, modified work schedule, and private 26
space that is not a bathroom for expressing breast milk; 27
UNOFFICIAL COPY 26 RS BR 1693
Page 12 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(6)[(7)] "Religion" means all aspects of religious observance and practice, as well as 1
belief, unless an employer demonstrates that it [he ] is unable to reasonably 2
accommodate to an employee's or prospective employee's religious observance or 3
practice without undue hardship on the conduct of the employer's business; 4
(7)[(8)] (a) The terms "because of sex" and "on the basis of sex" include but are not 5
limited to because of or on the basis of pregnancy, childbirth, or related 6
medical conditions, and women affected by pregnancy, childbirth, or related 7
medical conditions shall be treated the same for all employment -related 8
purposes, including receipt of benefits under fringe benefit programs, as other 9
persons not so affected but similar in their ability or inability to work. 10
(b) "Related medical condition" includes but is not limited to lactation or the need 11
to express breast milk for a nursing child and has the same meaning as in the 12
Pregnancy Discrimination Act, 42 U.S.C. sec. 2000e(k), and shall be 13
construed as that term has been construed under that Act; and 14
(8)[(9)] "Undue hardship," for p urposes of disability discrimination or limitations due 15
to pregnancy, childbirth, or related medical conditions as described in KRS 16
344.040(1)(b)[(c)], means an action requiring significant difficulty or expense, 17
when considered in light of the following factors: 18
(a) The nature and cost of the accommodation needed; 19
(b) The overall financial resources of the facility or facilities involved in the 20
provision of the reasonable accommodation ,[;] the number of persons 21
employed at the facility ,[;] the effect on ex penses and resources ,[;] or the 22
impact otherwise of such accommodation upon the operation of the facility,; 23
(c) The overall financial resources of the covered entity ,[;] the overall size of the 24
business of a covered entity with respect to the number of its employees,[;] 25
and the number, type, and location of its facilities; 26
(d) The type of operation or operations of the covered entity, including the 27
UNOFFICIAL COPY 26 RS BR 1693
Page 13 of 40
XXXX 2/11/2026 4:09 PM Jacketed
composition, structure, and functions of the workforce of such entity; the 1
geographic separateness, administrative, or fiscal relationship of the facility or 2
facilities in question to the covered entity; and 3
(e) In addition to paragraphs (a) to (d) of this subsection, for pregnancy, 4
childbirth, and related medical conditions, the following factors: 5
1. The duration of the requested accommodation; and 6
2. Whether similar accommodations are required by policy to be made, 7
have been made, or are being made for other employees due to any 8
reason. 9
Section 6. KRS 344.050 is amended to read as follows: 10
[(1) ]It is an unlawful practice for: 11
(1) An employment agency to fail or refuse to refer for employment [,] or to otherwise[ 12
to] discriminate against[,] an individual because of [his]familial status, race, color, 13
religion, national origin, sex, sexual orientation, gender identity,[ or] age forty (40) 14
and over, or [ because the person is a qualified individual with a] disability, or to 15
classify or refer for employment an individual because of [on the bas is of 16
disability,] familial status, race, color, religion, national origin, sex, sexual 17
orientation, gender identity, [ or] age[ between] forty (40) and over, or disability; 18
or[seventy (70).] 19
(2) [It is an unlawful practice for ] A licensing agency to refuse to license, or to bar or 20
terminate from licensing an individual because of familial status, race, color, 21
religion, national origin, sex, sexual orientation, gender identity,[ or] age forty (40) 22
and over, or[ because the person is a qualified individual with a] disability. 23
Section 7. KRS 344.060 is amended to read as follows: 24
It is an unlawful practice for a labor organization to: 25
(1) [To ]Exclude or[ to] expel from its membership [,] or to otherwise[ to] discriminate 26
against[,] a member, or applicant for membership , because of familial status, race, 27
UNOFFICIAL COPY 26 RS BR 1693
Page 14 of 40
XXXX 2/11/2026 4:09 PM Jacketed
color, religion, national origin, sex, sexual orientation, gender identity, [ or] age 1
forty (40) and over, or [ because the person is a qualified individual with a] 2
disability;[.] 3
(2) [To ]Limit, segregate, or classify its membership, or to classify or fail to refuse to 4
refer for employment an individual, in any way which would deprive or tend to 5
deprive an individual of employment opportunities, or would limit such 6
employment opportunities or otherwise adversely affect the status as an employee 7
or as an applicant for employment, because of familial status, race, color, religion, 8
national origin, sex, sexual orientation, gender identity, [ or] age forty (40) and 9
over, or[ because the person is a qualified individual with a] disability; or[.] 10
(3) [To ]Cause or attempt to cause an employer to discriminate against an individual in 11
violation of this section. 12
Section 8. KRS 344.070 is amended to read as follows: 13
It is an unlawful practice for an employer, labor organization, or joint labor -management 14
committee controlling apprenticeship or other training or retraining, including on -the-job 15
training programs, to discriminate against an individual because of familial status, race, 16
color, religion, national origin, sex, sexual orientation, gender identity, [ or] age forty 17
(40) and over, or [ because the person is a qualified individual with a] disability in 18
admission to or employment in, any program established to provide apprenticeship or 19
other training. 20
Section 9. KRS 344.080 is amended to read as follows: 21
(1) It is an unlawful practice for an employer, labor organization, licensing agency, or 22
employment agency to print or publish or cause to be printed or published a notice 23
or advertisement relating to employment by such an employer or membership in or 24
any classification or referral for employment by the employment or licensing 25
agency, indicating any preference, limitation, specification, or discrimination, based 26
on familial status, race, color, religion, national origin, sex, sexual orientation, 27
UNOFFICIAL COPY 26 RS BR 1693
Page 15 of 40
XXXX 2/11/2026 4:09 PM Jacketed
gender identity,[ or] age forty (40) and over, or [ because the person is a qualified 1
individual with a] disability.[, except that such a notice or advertisement may] 2
(2) It sh all not be a violation of subsection (1) of this section for a notice or 3
advertisement to indicate a preference, limitation, or specification based on 4
religion, national origin, sex, sexual orientation, gender identity,[or] age forty (40) 5
and over, or [ because the person is a qualified individual with a] disability, when 6
religion, national origin, sex, sexual orientation, gender identity,[or] age forty (40) 7
and over, or [ because the person is a qualified individual with a] disability, is a 8
bona fide occupational qualification for employment. 9
Section 10. KRS 344.100 is amended to read as follows: 10
[Notwithstanding ]Any[ other] provision of this chapter to the contrary notwithstanding, 11
it is not an unlawful practice for an employer to: 12
(1) Apply different standards of compensation, or different terms, conditions, or 13
privileges of employment pursuant to a bona fide seniority or merit system, or a 14
system which measures earnings by quantity or quality of product ion or to 15
employees who work in different locations, if the differences are not the result of an 16
intention to discriminate because of familial status, race, color, religion, national 17
origin, sex, sexual orientation, gender identity, [ or] age forty (40) and over, or [ 18
because the person is a qualified individual with a] disability; or [, nor is it an 19
unlawful practice for an employer to ] 20
(2) Give and to act upon the results of any professionally developed ability test 21
provided that the test, its administratio n, or action upon the results is not designed, 22
intended, or used to discriminate because of familial status, race, color, religion, 23
national origin, sex, sexual orientation, gender identity, [ or] age forty (40) and 24
over, or[ because the person is a qualified individual with a] disability. 25
Section 11. KRS 344.110 is amended to read as follows: 26
(1) This chapter shall not be construed to require [Nothing contained in this chapter 27
UNOFFICIAL COPY 26 RS BR 1693
Page 16 of 40
XXXX 2/11/2026 4:09 PM Jacketed
requires] an employer, employment agency, labor organization, o r joint labor -1
management committee subject to this chapter to grant preferential treatment to an 2
individual or to a group because of the familial status, race, color, religion, national 3
origin, sex, sexual orientation, gender identity, [ or] age forty (40) and over, or [ 4
because the person is a qualified individual with a] disability, of the individual or 5
group on account of an imbalance which may exist with respect to the total number 6
or percentage of individuals[persons] of any familial status, race, color, religion, 7
national origin, sex, sexual orientation, gender identity, [ or] age forty (40) and 8
over, or[ because the person is a qualified individual with a] disability, employed by 9
an employer, referred or classified for employment by an employment agency or 10
labor organization, admitted to membership or classified by a labor organization, or 11
admitted to, or employed in, an apprenticeship or other training pro gram, in 12
comparison with the total number or percentage of individuals[persons] of familial 13
status, race, color, religion, national origin, sex, sexual orientation, gender 14
identity,[ or] age forty (40) and over, or[ because the person is a qualified individual 15
with a] disability, in the Commonwealth[state] or a community, section, or other 16
area, or in the available workforce in the Commonwealth[state] or a community, 17
section, or other area. 18
(2) [Nothing contained in ]This chapter shall not be construed to prohibit: 19
(a) Minimum hiring ages otherwise provided by law;[.] 20
(b) State compliance with federal regulations;[.] 21
(c) Termination of the employment of any person who is unable to perform the 22
essential functions of the job, with or without reasonable accommodation;[.] 23
(d) Any post -job-offer physical or medical examinations of applicants or 24
employees which an employer requires to determine their ability to perform 25
the essential functions of the job, with or without reasonable accommodation ; 26
or[.] 27
UNOFFICIAL COPY 26 RS BR 1693
Page 17 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(e) An employer, labor organization, or employment agency from observing the 1
terms of a bona fide seniority system or any bona fide employee benefit plan 2
such as a retirement, pension, or insurance plan which is not a subterfuge to 3
evade the purposes of this chapter, e xcept that no such employee benefit plan 4
shall excuse the failure to hire any individual. 5
Section 12. KRS 344.120 is amended to read as follows: 6
Except as otherwise provided in KRS 344.140 and 344.145, it is an unlawful practice for 7
a pe rson to deny an individual the full and equal enjoyment of the goods, services, 8
facilities, privileges, advantages, and accommodations of a place of public 9
accommodation, resort, or amusement because[, as defined in KRS 344.130, on the 10
ground] of the individual's familial status[ disability], race, color, religion, [ or] national 11
origin, sex, sexual orientation, gender identity, age forty (40) and over, or disability. 12
Section 13. KRS 344.140 is amended to read as follows: 13
It is an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, 14
display, or mail, or cause to be published, circulated, issued, displayed, or mailed, a 15
written, printed, oral, or visual communication, notice, or advertisement, which indicates 16
that the: 17
(1) Goods, services, facilities, privileges, advantages, and accommodations of a place 18
of public accommodation, resort, or amusement will be refused, withheld from, or 19
denied an individual because[on account] of familial status[disability], race, color, 20
religion,[ or] national origin, sex, sexual orientation, gender identity, age forty (40) 21
and over, or disability; or[ that the ] 22
(2) Patronage of, or presence at, a place of public accommodation, resort, or 23
amusement, of an individual, because[on account] of familial status [disability], 24
race, color, religion, [ or] national origin, sex, sexual orientation, gender identity, 25
age forty (40) and over, or disability is objectionable, unwelcome, unacceptable, or 26
undesirable. 27
UNOFFICIAL COPY 26 RS BR 1693
Page 18 of 40
XXXX 2/11/2026 4:09 PM Jacketed
Section 14. KRS 344.170 is amended to read as follows: 1
The function of the commission shall be to encourage fair treatment for, to foster mutual 2
understanding and respect among , and to discourage discrimination against individuals 3
on the basis of familial statu s, race, color, religion, national origin, sex, sexual 4
orientation, gender identity, age forty (40) and over, or disability [any racial or ethnic 5
group or its members]. 6
Section 15. KRS 344.180 is amended to read as follows: 7
The powers and duties of the commission shall be to: 8
(1) [To ]Employ an executive director and other necessary personnel within the limits 9
of funds made available; 10
(2) [To ] Conduct research projects or make st udies into and publish reports on 11
discrimination in Kentucky; 12
(3) [To ]Receive and investigate complaints of discrimination and to recommend ways 13
of eliminating any injustices occasioned thereby; 14
(4) [To ]Hold public hearings and request the attendance of witnesses; 15
(5) [To ] Cooperate with other organizations, public and private, to discourage 16
discrimination; 17
(6) [To ] Encourage fair treatment for all persons regardless of familial status, race, 18
color, religion, national origin, sex, sexual orientation, gend er identity, age forty 19
(40) and over, or disability[national ancestry]; and 20
(7) [To ] Make an annual report to the Governor and the Legislative Research 21
Commission for referral to the appropriate committee or committees of its 22
activities under this chapter. 23
Section 16. KRS 344.190 is amended to read as follows: 24
In the enforcement of this chapter, the commission [ on Human Rights] shall have the 25
following powers and duties: 26
(1) To maintain an office in the city of Louisville and other offices within the 27
UNOFFICIAL COPY 26 RS BR 1693
Page 19 of 40
XXXX 2/11/2026 4:09 PM Jacketed
Commonwealth[state] as may be deemed necessary;[.] 1
(2) To meet and exercise its powers at any place within the Commonwealth;[.] 2
(3) Within the limitations provided by law, to appo int an executive director, attorneys, 3
hearing examiners, clerks, and other employees and agents as it may deem 4
necessary. At the direction of the commission, attorneys appointed under this 5
section may appear for and represent the commission in any court. T he commission 6
may, by written order, delegate the authority given by this subsection to its 7
executive director, except as that authority relates to the appointment of its 8
executive director;[.] 9
(4) To promote the creation of local commissions on human righ ts, to cooperate with 10
state, local, and other agencies, both public and private, and individuals, and to 11
obtain upon request and utilize the services of all governmental departments and 12
agencies;[.] 13
(5) To cooperate with the[ United States] Equal Employment Opportunity Commission, 14
created by[ Section 705 of] the Civil Rights Act of 1964 , Pub. L. No. 88 -352[ (78 15
Stat. 241)], in order to achieve the purposes of that act, and with other federal and 16
local agencies in order to achieve the purposes of that act, a nd with other federal 17
and local agencies in order to achieve the purposes of this chapter;[.] 18
(6) To accept gifts or bequests, grants, or other payments, public or private, to help 19
finance its activities;[.] 20
(7) To accept reimbursement pursuant to Section 709(b) of the Civil Rights Act of 21
1964, Pub. L. No. 88 -352,[ (78 Stat. 241)] for services rendered to assist the [ 22
Federal] Equal Employment Opportunity Commission;[.] 23
(8) To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upo n 24
complaints alleging violations of this chapter;[.] 25
(9) At any time after a complaint is filed, to require answers to interrogatories, compel 26
the attendance of witnesses, examine witnesses under oath or affirmation in person 27
UNOFFICIAL COPY 26 RS BR 1693
Page 20 of 40
XXXX 2/11/2026 4:09 PM Jacketed
or by deposition, and require the production of documents relevant to the complaint. 1
The commission may make rules authorizing any member or individual designated 2
to exercise these powers in the performance of official duties;[.] 3
(10) To furnish technical assistance requested by person s subject to this chapter to 4
further their compliance with this chapter or an order issued thereunder;[.] 5
(11) To make studies appropriate to effectuate the purposes and policies of this chapter 6
and to make the results[ thereof] available to the public;[.] 7
(12) To render annual written reports to the Governor and the Legislative Research 8
Commission for referral to the appropriate committee or committees [Legislature]. 9
The reports may contain recommendations of the commission for legislative or 10
other action to effectuate the purposes and policies of this chapter;[.] 11
(13) To create local or statewide advisory agencies that in its judgment will aid in 12
effectuating the purpose of this chapter. The commission may empower these 13
agencies to: 14
(a) [To ] Study and report on problems of discrimination because of familial 15
status, race, color, religion, [ or] national origin , sex, sexual orientation, 16
gender identity, age forty (40) and over, or disability;[,] 17
(b) [To ] Foster, through community effort or otherwise, goodwill among the 18
groups and elements of the population of the Commonwealth;[state,] and 19
(c) [To ] Make recommendations to the commission for the development of 20
policies and practices that will aid in carrying out the purposes of this chapter. 21
Members of these agencies [such committees] shall serve without pay but 22
shall be reimbu rsed for expenses incurred in such service. The commission 23
may make provision for technical and clerical assistance to the 24
agencies;[committees.] 25
(14) To[ adopt,] promulgate administrative[, amend, and rescind] regulations in 26
accordance with KRS Chapter 13A to effectuate the purposes and provisions of 27
UNOFFICIAL COPY 26 RS BR 1693
Page 21 of 40
XXXX 2/11/2026 4:09 PM Jacketed
this chapter, including regulations requiring the posting of notices prepared or 1
approved by the commission; and[.] 2
(15) To purchase liability insurance for the protection of a ll members of the commission 3
to protect them from liability arising in the course of pursuing their duties as 4
members of the commission and for all full -time employees to protect them from 5
liability arising in the course or scope of their employment. This insurance shall be 6
purchased with money contained in the agency appropriated budget. 7
Section 17. KRS 344.300 is amended to read as follows: 8
(1) City, county, urban -county, consolidated local, unified local, and charter county 9
governments[Cities and counties] are authorized to adopt and enforce ordinances, 10
orders, and resolutions prohibiting all forms of discrimination, including 11
discrimination on the basis of familial status, race, color, religion, [ disability, 12
familial status, or] national origin, sex, sexual orientation, gender identity,[ or] age 13
forty (40) and over, or disability and to prescribe penalties for violations thereof .[,] 14
These such penalties shall be [being] in addition to the remedial orders and 15
enforcement herein authorized. 16
(2) (a) City, county, urban -county, consolidated local, unified local, and charter 17
county governments[Cities and counties] may adopt and enforce ordinances, 18
orders, and resolutions prohibiting discrimination.[;] 19
(b) No ordinance, order , or resolution shall attempt to exempt more transactions 20
from its coverage than are exempted by KRS 344.362 and 344.365. 21
Section 18. KRS 344.310 is amended to read as follows: 22
Any city,[ or] county, urban-county, consolidated local, unified local, or charter county 23
government, or one (1) or more of those local governments [cities and counties] acting 24
jointly, may create a local[ human rights] commission to[ (hereinafter a "local 25
commission")]: 26
(1) [To ]Provide for execution within its jurisdiction of the policies embodied in this 27
UNOFFICIAL COPY 26 RS BR 1693
Page 22 of 40
XXXX 2/11/2026 4:09 PM Jacketed
chapter and the [ Federal] Civil Rights Act of 1964 , Pub. L. No. 88 -352, as 1
amended[ (78 Stat. 241)]; and 2
(2) [To ]Safeguard all individuals within its jurisdiction from discrimination because of 3
familial status, race, color, religion, [ or] national origin, sex, sexual orientation, 4
gender identity,[ or] age forty (40) and over, or disability. 5
Section 19. KRS 344.360 is amended to read as follows: 6
(1) It is an unlawful housing practice for a real estate operator, or for a real estate 7
broker, real estate salesman, or any person employed by or acting on behalf of any 8
of these to: 9
(a) Because of the individual's familial status, race, color, religion, national 10
origin, sex, sexual orientation, gender identity, age forty (40) and over, or 11
disability: 12
1. Refuse to sell, exchange, rent, or lease, or otherwise deny to or 13
withhold, real property from any individual; 14
2. Discriminate against any individual in the terms, conditions, or 15
privileges of the sale, exchange, rental, or lease of real property or in 16
the furnishing of facilities or services in connection therewith; 17
3. Refuse to receive or transmit a bona fide offer to purchase, rent, or 18
lease real property from any individual; 19
4. Refuse to negotiate for the sale, rental, or lease of real property to any 20
individual; 21
5. Represent to any individual that real property is not availab le for 22
inspection, sale, rental, or lease when it is so available, or to refuse to 23
permit any individual to inspect real property; 24
6. Offer, solicit, accept, use, or retain a listing of real property for sale, 25
rental, or lease with the understanding that a ny individual may be 26
discriminated against in the sale, rental, or lease of that real property 27
UNOFFICIAL COPY 26 RS BR 1693
Page 23 of 40
XXXX 2/11/2026 4:09 PM Jacketed
or in the furnishing of facilities or services in connection therewith; or 1
7. Otherwise deny to or withhold real property from any individual; 2
(b) Make, print, c irculate, post, or mail or cause to be printed, circulated, 3
posted or mailed an advertisement or sign, or to use a form of application 4
for the purchase, rental, or lease of real property, or to make a record of 5
inquiry in connection with the prospective pu rchase, rental, or lease of real 6
property, which indicates, directly or indirectly, a limitation, specification, 7
or discrimination as to familial status, race, color, religion, national origin, 8
sex, sexual orientation, gender identity, age forty (40) and o ver, or 9
disability, or an intent to make such a limitation, specification, or 10
discrimination;[ 11
(1) To refuse to sell, exchange, rent, or lease, or otherwise deny to or withhold, real 12
property from any person because of race, color, religion, sex, familial status, 13
disability, or national origin; 14
(2) To discriminate against any person because of race, color, religion, sex, familial 15
status, disability, or national origin in the terms, conditions, or privileges of the sale, 16
exchange, rental, or lease of real pr operty or in the furnishing of facilities or 17
services in connection therewith; 18
(3) To refuse to receive or transmit a bona fide offer to purchase, rent, or lease real 19
property from any person because of race, color, religion, sex, familial status, 20
disability, or national origin; 21
(4) To refuse to negotiate for the sale, rental, or lease of real property to any person 22
because of race, color, religion, sex, familial status, disability, or national origin; 23
(5) To represent to any person that real property is not available for inspection, sale, 24
rental, or lease when it is so available, or to refuse to permit any person to inspect 25
real property because of his race, color, religion, sex, familial status, disability , or 26
national origin; 27
UNOFFICIAL COPY 26 RS BR 1693
Page 24 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(6) To make, print, circulate, post, or mail or cause to be printed, circulated, posted, or 1
mailed an advertisement or sign, or to use a form of application for the purchase, 2
rental, or lease of real property, or to make a record of i nquiry in connection with 3
the prospective purchase, rental, or lease of real property, which indicates, directly 4
or indirectly, a limitation, specification, or discrimination as to race, color, religion, 5
sex, familial status, disability, or national origin or an intent to make such a 6
limitation, specification, or discrimination; 7
(7) To offer, solicit, accept, use, or retain a listing of real property for sale, rental, or 8
lease with the understanding that any person may be discriminated against in the 9
sale, rental, or lease of that real property or in the furnishing of facilities or services 10
in connection therewith because of his race, color, religion, sex, familial status, 11
disability, or national origin; 12
(8) To otherwise deny to or withhold real property from any person because of his race, 13
color, religion, sex, familial status, disability, or national origin;] 14
(c)[(9)] [To ]Discriminate in the sale or rental, or to otherwise make unavailable 15
or deny, a housing accommodation to any buyer or renter because of a 16
disability of: 17
1.[(a)] That buyer or renter; 18
2.[(b)] A person residing in or intending to reside in that housing 19
accommodation after it is[ so] sold, rented, or made available; or 20
3.[(c)] Any person associated with that buyer or renter; or 21
(d)[(10)] [To ] Discriminate against any person in the terms, conditions, or 22
privileges of sale or rental of a dwelling, or in the prov ision of services or 23
facilities in connection with a[such] housing accommodation, because of a 24
disability of: 25
1.[(a)] That person;[ or] 26
2.[(b)] A person residing in or intending to reside in that housing 27
UNOFFICIAL COPY 26 RS BR 1693
Page 25 of 40
XXXX 2/11/2026 4:09 PM Jacketed
accommodation after it is sold, rented, or made available; or 1
3.[(c)] Any person associated with that person. 2
(2)[(11)] For purposes of this section, discrimination includes: 3
(a) A refusal to permit, at the expense of the disabled person, reasonable 4
modifications of existing premises occupied or to be occup ied by a person, if 5
the modifications may be necessary to afford the person full enjoyment of the 6
premises; except that, in the case of a rental, the landlord may, where it is 7
reasonable to do so, condition permission for a modification on the renter 8
agreeing to restore the interior of the premises to the condition that existed 9
before the modification, reasonable wear and tear excepted;[.] 10
(b) A refusal to make reasonable accommodations in rules, policies, practices, or 11
services, when the accommodations may be necessary to afford the person 12
equal opportunity to use and enjoy a housing accommodation; or 13
(c) In connection with the design and construction of covered multifamily 14
housing accommodations for first occupancy after January 1, 1993, a failure 15
to design and construct those housing accommodations in a manner ensuring 16
that they have at least one (1) entrance on an accessible route unless 17
impractical to do so because of the terrain or unusual characteristics of the 18
site. Housing accommodations with a building entrance on an accessible route 19
shall comply with the following requirements: 20
1. The public use and common use portions of the housing 21
accommodations shall be readily accessible to and usable by disabled 22
persons; 23
2. All the doors designed to allow pass age into and within all premises 24
within the housing accommodations shall be sufficiently wide to allow 25
passage by disabled persons in wheelchairs; and 26
3. All premises within the housing accommodations shall contain the 27
UNOFFICIAL COPY 26 RS BR 1693
Page 26 of 40
XXXX 2/11/2026 4:09 PM Jacketed
following features of adaptive design: 1
a. An accessible route into and through the housing accommodation; 2
b. Light switches, electrical outlets, thermostats, and other 3
environmental controls in accessible locations; 4
c. Reinforcements in bathroom walls to allow later installation of 5
grab bars; and 6
d. Usable kitchens and bathrooms so that an individual in a 7
wheelchair can maneuver about the space. 8
(3)[(12)] Compliance with the appropriate requirements of the American National 9
Standard for buildings and facilities providing accessibility and usab ility for 10
physically disabled persons, [(]commonly cited as ["]ANSI A117.1 - 1986,[")] 11
suffices to satisfy the requirements of subsection (2)[(11)](c)3. of this section. 12
(4)[(13)] As used in subsection (2)[(11)] of this section, [ the term] "covered 13
multifamily housing accommodation" means: 14
(a) Buildings consisting of four (4) or more units if the buildings have one (1) or 15
more elevators; and 16
(b) Ground floor units in other buildings consisting of two (2) or more units. 17
(5)[(14)] This section shall not be construed to require that [Nothing in this section 18
requires that] a housing accommodation be made available to an individual whose 19
tenancy would c onstitute a direct threat to the health or safety of other individuals 20
or whose tenancy would result in substantial physical damage to the property of 21
others. 22
Section 20. KRS 344.367 is amended to read as follows: 23
It is an unlawful practice for a person in the business of insuring against hazards to refuse 24
to enter into, or discriminate in the terms, conditions, or privileges of, a contract of 25
insurance against hazards to a housing accommodation because of the familial status, 26
race, color, religion, national origin, [ familial status, disability, or] sex, sexual 27
UNOFFICIAL COPY 26 RS BR 1693
Page 27 of 40
XXXX 2/11/2026 4:09 PM Jacketed
orientation, gender identity, age forty (40) and over, or disability of persons owning [,] 1
or residing in or near the housing accommodation. 2
Section 21. KRS 344.370 is amended to read as follows: 3
It is an unlawful practice for a financial institution or for any person or other entity whose 4
business includes engaging in real estate-related transactions to: 5
(1) [To ]Discriminate against an individual because of the familial status, race, color, 6
religion,[ or] national origin, [ familial status, disability,] sex, sexual orientation, 7
gender identity,[ or] age forty (40) and over, or disability of the in dividual or the 8
present or prospective owner, tenant, or occupant of the real property or of a 9
member, stockholder, director, officer, employee, or representative of any of these, 10
in the granting, withholding, extending, modifying, or renewing the rates, t erms, 11
conditions, privileges, or other provisions of financial assistance or in the extension 12
of services in connection therewith; 13
(2) [To ]Use a form of application for financial assistance or to make or keep a record 14
or inquiry in connection with applica tions for financial assistance which indicate, 15
directly or indirectly, a limitation, specification, or discrimination as to familial 16
status, race, color, religion, national origin[ familial status, disability] , sex, sexual 17
orientation,[ or] gender identity , age forty (40) and over, or disability, [national 18
origin] or an intent to make such a limitation, specification, or discrimination; or 19
(3) [To ]Discriminate by refusing to give full recognition, because of sex, to the income 20
of each spouse or the total in come and expenses of both spouses where both 21
spouses become or are prepared to become joint or several obligors in real estate 22
transactions[; or 23
(4) As used in this section, the term "real estate -related transaction" means any of the 24
following: 25
(a) The making or purchasing of loans or providing other financial assistance; 26
1. For purchasing, constructing, improving, repairing, or maintaining a 27
UNOFFICIAL COPY 26 RS BR 1693
Page 28 of 40
XXXX 2/11/2026 4:09 PM Jacketed
housing accommodation; or 1
2. Secured by real estate. 2
(b) The selling, brokering, or appraising of real property exce pt that a person 3
engaged in the business of furnishing appraisals of real property may take into 4
consideration factors other than race, color, religion, national origin, sex, 5
disability, or familial status]. 6
Section 22. KRS 344.380 is amended to read as follows: 7
It is an unlawful practice for a real estate operator, a real estate broker, a real estate 8
salesperson[salesman], a financial institution, an employee of any of these, or any other 9
person, for the purpose of inducing a real estate transaction from which a person may 10
benefit financially to: 11
(1) [To ]Represent that a change has occurred or will or may occur in the composition 12
with respect to familial status, race, color, religion, national origin, sex, sexual 13
orientation, gender identity, age forty (40) and over, or disability[, familial status, 14
or national origin] of the owners or occupants in the block, neighborhood, or area in 15
which the real property is located; 16
(2) [To ] Represent that this change wil l or may result in the lowering of property 17
values, an increase in criminal or antisocial behavior, or a decline in the quality of 18
schools in the block, neighborhood, or area in which the real property is located; or 19
(3) [To ] Induce or attempt to induce an y person to sell or rent any dwelling by 20
representations regarding the entry or prospective entry into the neighborhood of a 21
person or persons of a particular familial status, race, color, religion, national 22
origin, sex, sexual orientation, gender identity , age forty (40) and over, or 23
disability[, familial status, or national origin]. 24
Section 23. KRS 344.400 is amended to read as follows: 25
(1) It shall be an unlawful practice for any person, whether acting on behalf of 26
oneself[for himself] or another, in connection with any credit transaction because of 27
UNOFFICIAL COPY 26 RS BR 1693
Page 29 of 40
XXXX 2/11/2026 4:09 PM Jacketed
familial status, race, color, religion, national origin ,[ or] sex, sexual orientation, 1
gender identity, or disability to: 2
(a) Deny credit to any person; 3
(b) Increase the charges or fees fo r or collateral required to secure any credit 4
extended to any person; 5
(c) Restrict the amount or use of credit extended or impose different terms or 6
conditions with respect to the credit extended to any person or any item or 7
service related thereto; or 8
(d) Attempt to do any of the unlawful practices defined in this section. 9
(2) The provisions of this section shall not prohibit any party to a credit transaction 10
from considering the: 11
(a) Credit history of any individual applicant; or 12
(b) Application of Kentucky law on dower and curtesy or descent and 13
distribution to the particular case or from taking reasonable action 14
thereon.[ 15
(3) The provisions of this section shall not prohibit any par ty to a credit transaction 16
from considering the application of Kentucky law on dower, curtesy, descent and 17
distribution to the particular case or from taking reasonable action thereon. ] 18
Section 24. KRS 344.680 is amended to read as follows: 19
It shall be unlawful to deny any person access to, or membership or participation in, any 20
multiple listing service, real estate brokers' organization, or other service, organization, or 21
facility relating to the business of selling or renting housing a ccommodations, or to 22
discriminate against a person in the terms or conditions of access, membership, or 23
participation, because[on account] of familial status, race, color, religion, national 24
origin, sex, sexual orientation, gender identity, or disability[, familial status, or national 25
origin]. 26
Section 25. KRS 210.033 is amended to read as follows: 27
UNOFFICIAL COPY 26 RS BR 1693
Page 30 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(1) As used in this section, "developmental disabilities" has the same meaning as in 1
KRS 387.510. 2
(2) The General Assembly finds that in addition to the rights provided under KRS 3
Chapter 347 for developmentally disabled persons, the rights of individuals with 4
intellectual or developmental disabilities include but are not limited to the right to: 5
(a) Be treated at all times with courtesy and respect and with full recognition of 6
their dignity and individuality; 7
(b) Accessible, appropriate, safe, equal, and sanitary living, learning, and working 8
environments that comply with local, state, and federal standards and 9
recognize the individual's need for privacy and independence; 10
(c) Practice the religion of their choice or to abstain from the practice of religion; 11
(d) Ownership and use of personal possessions to maintain individuality and 12
personal dignity; 13
(e) Pursue vocational opportunities that will promote and enhance economic 14
independence; 15
(f) Be treated equally as citizens under the law; 16
(g) Be free from emotional, psychological, verbal, and physical abuse; 17
(h) Participate in decisions that affect their lives and promote self -determination 18
in relation to their cognitive abilities; 19
(i) Participate in their personal financial affairs to the extent not otherwise 20
determined by order of a court of competent jurisdiction or otherwise by law; 21
(j) Confidential treatment of all information in their personal and medical 22
records, except to the extent that disclosure or release of records is permitted 23
under KRS 210.235; 24
(k) Voice grievances and recommend changes in policies and services without 25
coercion or discrimination; 26
(l) Freely participate in the political process to the extent provided by law; 27
UNOFFICIAL COPY 26 RS BR 1693
Page 31 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(m) Communicate verbal or nonverbal refusal to participate in medical or 1
psychological experiments; 2
(n) Participate in integrated programs of education, training, social development, 3
habilitation, and recreation; 4
(o) Fair and equal wages in integrated work places; and 5
(p) Choose and maintain healthcare providers, personal care provider s, services, 6
and supports to the extent not otherwise required by order of a court of 7
competent jurisdiction or otherwise by law. 8
(3) The general purposes of this section are to: 9
(a) Safeguard all individuals within the state from discrimination because of the 10
person's status as an individual with an intellectual or developmental 11
disability; 12
(b) Protect the individual's interest in personal dignity and freedom from 13
humiliation; 14
(c) Make available to the state the individual's full productive capacities; and 15
(d) Further the interest, rights, and privileges of individuals with intellectual 16
disabilities and developmental disabilities within the state. 17
(4) [Nothing in ] This section shall not be deemed to repeal any other law of this state 18
relating to discrimination because of the person's [ status as a qualified individual 19
with a] disability as defined in Section 1 of this Act[ KRS 344.030]. 20
Section 26. KRS 18A.095 is amended to read as follows: 21
(1) A classified employee with status shall not be dismissed, demoted, suspended 22
without pay, or involuntarily transferred except for cause. 23
(2) Prior to dismissal, a classified employee with status shall be notif ied in writing of 24
the intent to dismiss the employee[him or her]. The notice shall also state: 25
(a) The specific reasons for dismissal, including: 26
1. The statutory, regulatory, or policy violation; 27
UNOFFICIAL COPY 26 RS BR 1693
Page 32 of 40
XXXX 2/11/2026 4:09 PM Jacketed
2. The specific action or activity on which the intent to dismiss is based; 1
3. The date and place of such action or activity; and 2
4. The names of the parties involved; 3
(b) That the employee has the right to appear personally, or with counsel if the 4
employee[he or she] has retained counsel, to reply to the appointi ng authority 5
or the cabinet's or agency's[his or her] designee; and 6
(c) Whether the employee is placed on administrative leave by the appointing 7
authority with pay upon receiving the intent to dismiss letter prior to the 8
agency's final action. 9
(3) The Pers onnel Cabinet shall prescribe and distribute a pretermination form to be 10
completed and forwarded by an employee who wishes to appear before the 11
appointing authority or the cabinet's or agency's [his or her] designee. The form 12
shall be attached to every noti ce of intent to dismiss and shall contain written 13
instructions explaining: 14
(a) The right granted an employee under the provisions of this section relating to 15
pretermination hearings; and 16
(b) The time limits and procedures to be followed by all parties in p retermination 17
hearings. 18
(4) No later than five (5) working days after receipt of the notice of intent to dismiss, 19
excluding the day the employee[he or she] receives the notice, the employee may 20
request to appear, personally or with counsel if the employee[he or she] has retained 21
counsel, to reply to the appointing authority or the cabinet's or agency's[his or her] 22
designee. 23
(5) Unless agreed to by the appointing authority or the cabinet's or agency's[his or her] 24
designee and the employee, the appearance sha ll be scheduled within six (6) 25
working days after receipt of an employee's request to appear before the appointing 26
authority or the cabinet's or agency's [his or her] designee, excluding the day the 27
UNOFFICIAL COPY 26 RS BR 1693
Page 33 of 40
XXXX 2/11/2026 4:09 PM Jacketed
employee's[his or her] request is received. 1
(6) No later t han five (5) working days after the employee appears before the 2
appointing authority or the cabinet's or agency's[his or her] designee, excluding the 3
day of the appearance, the cabinet head or agency or the cabinet's or agency's [his 4
or her] designee shall: 5
(a) Determine whether to dismiss the employee or to modify or rescind the intent 6
to dismiss; and 7
(b) Notify the employee in writing of the decision. 8
(7) If the appointing authority or the cabinet's or agency's [his or her] designee 9
determines that the empl oyee shall be dismissed, the employee shall be notified in 10
writing of: 11
(a) The effective date of the employee's[his or her] dismissal; 12
(b) The specific reason for the dismissal, including: 13
1. The statutory, regulatory, or policy violation; 14
2. The specific action or activity on which the dismissal is based; 15
3. The date and place of the action or activity; and 16
4. The names of the parties involved; and 17
(c) That the employee [he or she] may appeal the dismissal to the board within 18
thirty (30) calendar days after receipt of this notification, excluding the day 19
the employee[he or she] receives notice. 20
(8) A classified employee with status who is demoted, suspended without pay, or 21
involuntarily transferred shall be notified in writing of: 22
(a) The demotion, suspension, or involuntary transfer; 23
(b) The effective date of the demotion, suspension, or involuntary transfer; 24
(c) The specific reason for the demotion, suspension, or involuntary trans fer, 25
including: 26
1. The statutory, regulatory, or policy violation; 27
UNOFFICIAL COPY 26 RS BR 1693
Page 34 of 40
XXXX 2/11/2026 4:09 PM Jacketed
2. The specific action or activity on which the demotion, suspension, or 1
involuntary transfer is based; 2
3. The date and place of the action or activity; and 3
4. The names of the parties involved; and 4
(d) That the employee[he or she] has the right to appeal to the board within thirty 5
(30) calendar days, excluding the day that the employee[he or she] received 6
notification of the personnel action. 7
(9) Any unclassified employee who is dismissed, demoted, suspended without pay, or 8
involuntarily transferred for cause may, within thirty (30) calendar days after the 9
dismissal, demotion, suspension, or involuntary transfer, appeal to the board for 10
review thereof. 11
(10) (a) An employee whose position is reallocated shall be notified in writing by the 12
appointing authority of: 13
1. The reallocation or reclassification; and 14
2. If the reallocation or reclassification is to a lower grade, the 15
employee's[his or her] right to request reconsideration by the secreta ry 16
within ten (10) working days of receipt of the notice, excluding the day 17
the employee[he or she] receives notification. 18
(b) The employee shall file a written request for reconsideration of the 19
reallocation or reclassification to a lower grade with the s ecretary in a manner 20
and form prescribed by the secretary and shall be given a reasonable 21
opportunity to be heard by the secretary. The secretary shall make a 22
determination within sixty (60) calendar days after the request has been filed 23
by an employee. Th e secretary's determination shall be final and shall not be 24
appealable to the Personnel Board. 25
(11) (a) Any applicant, classified employee, or federally funded time -limited 26
employee may appeal to the board an action alleged to be based on 27
UNOFFICIAL COPY 26 RS BR 1693
Page 35 of 40
XXXX 2/11/2026 4:09 PM Jacketed
discrimination due to familial status, race, color, religion, national origin, sex, 1
sexual orientation, gender identity [disability], age forty (40) and 2
over[above], disability, or any other category protected under state or federal 3
civil rights laws. [Nothing in ]This section shall not be construed to preclude 4
any applicant, classified employee, or unclassified employee from filing with 5
the Kentucky Commission on Human Rights a complaint alleging 6
discrimination on the basis of familial status, race, color, religion, nationa l 7
origin, sex, sexual orientation, gender identity, age forty (40) and over, or 8
disability[, or age in accordance with KRS Chapter 344]. 9
(b) Appeals alleging discrimination shall be filed within thirty (30) calendar days 10
after the alleged discriminatory action occurred. 11
(12) (a) Any applicant for classified employment under KRS Chapter 18A who has 12
been notified by the Personnel Cabinet that the applicant[he or she] did not 13
meet the minimum qualifications for a position may request reconsideration 14
from the s ecretary not more than ten (10) calendar days after the notification 15
was sent. The secretary's review and determination of the reconsideration 16
shall be completed within ten (10) calendar days from the receipt of the 17
request for reconsideration. The secreta ry's determination shall be final and 18
shall not be appealable to the Personnel Board. 19
(b) Any applicant for employment in a classified position under KRS Chapter 20
18A may appeal the hiring agency's nonselection based on an alleged 21
violation of appointment a nd promotion provisions contained in this chapter 22
or administrative regulations promulgated under this chapter to the board. The 23
appeal shall be filed not later than thirty (30) calendar days after the notice of 24
nonselection was mailed or sent electronically. 25
(13) When an employee who qualifies for a position has the employee's[his or her] name 26
removed from the register, the employee may petition the secretary for the 27
UNOFFICIAL COPY 26 RS BR 1693
Page 36 of 40
XXXX 2/11/2026 4:09 PM Jacketed
opportunity to be heard by the secretary or the cabinet's or agency's [his or her] 1
designee. The petition shall be delivered to the secretary in writing or electronically 2
no later than ten (10) calendar days after the removal notification has been sent. The 3
secretary's decision shall be final and not appealable to the Personnel Board. 4
(14) (a) Appeals to the board shall be in writing on an appeal form prescribed by the 5
board. The Personnel Board shall be responsible for the distribution of these 6
forms. 7
(b) The appeal form shall be attached to any notice of dismissal, demotion, 8
suspension, or invo luntary transfer. The appeal form shall instruct the 9
employee to state: 10
1. Whether the employee [he or she] is a classified or unclassified 11
employee;[,] 12
2. The employee's:[his or her] 13
a. Full name;[, his or her] 14
b. Appointing authority;[,] 15
c. Work station address and telephone number; and[,] 16
d. Home address ,[ and] personal telephone number, and personal 17
email address;[,] and[,] 18
3. If the employee[he or she] has retained counsel at the time an appeal is 19
filed[he or she files an appeal], the name, address, and telephone number 20
of the employee's[his or her] attorney. 21
(c) The form shall also instruct a classified employee to state the action the 22
employee[he or she] is appealing in a short, plain, concise statement of the 23
facts. The form shall instruct an unclassified employee to make a short, plain, 24
concise statement of the reason for the appeal and the cause given for the[his 25
or her] dismissal, demotion, suspension, or involuntary transfer. 26
(d) Any appeal form filed by a classified or uncl assified employee shall identify 27
UNOFFICIAL COPY 26 RS BR 1693
Page 37 of 40
XXXX 2/11/2026 4:09 PM Jacketed
the statute, administrative regulation, or policy that was allegedly violated. 1
(e) Upon receipt of the appeal by the board, the appointing authority and the 2
Personnel Cabinet shall be notified and the board shall schedule a hearing. 3
(15) All administrative hearings conducted by the board shall be conducted in 4
accordance with KRS Chapter 13B. 5
(16) (a) The board shall deny a hearing to an employee who has failed to file an 6
appeal within the time prescribed by this section; and to an unclassified 7
employee who has failed to state the reasons for the appeal and the cause for 8
the dismissal, demotion, suspension without pay, or involuntary transfer [ 9
which he or she has been dismissed, demoted, suspended without pay, or 10
involuntarily transferred]. The board shall deny any appeal after a preliminary 11
hearing if it lacks jurisdiction to grant relief. The board shall notify the 12
employee of its denial in writing and shall inform the employee of the[his or 13
her] right to appeal the denial under the provisions of KRS 18A.100. 14
(b) Any investigation by the board of any matter related to an appeal filed by an 15
employee shall be conducted only upon notice to the employee, the 16
employee's counsel, and the appointing authority. All parties to the appe al 17
shall have access to information produced by the investigations and the 18
information shall be presented at the hearing. 19
(17) Each appeal shall be decided individually, unless otherwise agreed by the parties 20
and the board. The board shall not: 21
(a) Employ class action procedures; or 22
(b) Conduct test representative cases. 23
(18) Board members shall abstain from public comment about a pending or impending 24
proceeding before the board. This shall not prohibit board members from making 25
public statements in the cou rse of their official duties or from explaining for public 26
information the procedures of the board. 27
UNOFFICIAL COPY 26 RS BR 1693
Page 38 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(19) An appeal to the board may be heard by the full board or one (1) or more of the 1
following: 2
(a) Its executive director;[,] 3
(b) Its general counsel;[,] 4
(c) Any nonelected member of the board;[,] or 5
(d) Any hearing officer secured by the board pursuant to KRS 13B.030. 6
(20) (a) If the board finds that the action complained of was taken by the appointing 7
authority in violation of laws prohibiting favor for, or discrimination against, 8
or bias with respect to, the employee's [his or her] political or religious 9
opinions or affiliations or ethnic origin, or in violation of laws prohibiting 10
discrimination because of such individual's familial status, race, color, 11
religion, national origin, sex, sexual orientation, gender identity, [ or] age 12
forty (40) and over, or disability, the appointing authority shall immediately 13
reinstate the employee to the employee's [his or her] former position or a 14
position of like status an d pay, without loss of pay for the period of time at 15
issue, or otherwise make the employee whole unless the order is stayed by the 16
board or the court on appeal. 17
(b) If the board finds that the action complained of was taken without just cause, 18
the board sh all order the immediate reinstatement of the employee to the[his 19
or her] former position or a position of like status and pay, without loss of pay 20
for the period of time at issue, or otherwise make the employee whole unless 21
the order is stayed by the board or the court on appeal. 22
(c) If the board finds that the action taken by the appointing authority was 23
excessive or erroneous in view of all the surrounding circumstances, the board 24
shall direct the appointing authority to modify or rescind the action at issue. 25
(d) In all other cases, the board shall direct the appointing authority to rescind the 26
action taken or otherwise grant specific relief or dismiss the appeal. 27
UNOFFICIAL COPY 26 RS BR 1693
Page 39 of 40
XXXX 2/11/2026 4:09 PM Jacketed
(21) If a final order of the board is appealed, a court may award reasonable attorney fees 1
to an employee who prevails by a final adjudication on the merits as provided by 2
KRS 453.260. This award shall not include attorney fees attributable to the hearing 3
before the board. 4
(22) When any employee is dismissed and not ordered reinstated after the appeal, the 5
board in its discretion may direct that the employee's[his or her] name be placed on 6
an appropriate reemployment list for employment in any similar position other than 7
the one from which the employee[he or she] had been removed. 8
(23) After a final decision has been rendered by the board or court, an employee who 9
prevails in an[his or her] appeal may be credited with the amount of leave time 10
used for time spent at the[his or her] hearing before the board or court. Employees 11
who had an insufficient amount of leave time shall be credited with leave time 12
equal to the amount of time spent at their hearings before the board or court. 13
(24) If the appointing authority appeals the final o rder of the board, unless the board 14
rules otherwise, the reinstated employee shall remain in the[his or her] former 15
position, or a position of like status or pay, until the conclusion of the appeals 16
process, at which time the appointing authority shall tak e action in accordance with 17
the court order. 18
(25) After a final decision in a contested case has been rendered by the last 19
administrative or judicial body to which the case has been appealed, the board shall 20
make the decision available to the public in ele ctronic format on its website and 21
shall organize the decisions according to the statutory basis for which the appeal 22
was based. 23
(26) Appeals concerning dismissals of classified employees with status shall take 24
precedence for hearings before the board over all other appeals. 25
(27) Any classified or unclassified employee as defined in KRS 18A.005 who is not 26
restored to a position pursuant to KRS 61.371 to 61.377, or who is dismissed 27
UNOFFICIAL COPY 26 RS BR 1693
Page 40 of 40
XXXX 2/11/2026 4:09 PM Jacketed
without cause within one (1) year after reinstatement, may appeal to the Perso nnel 1
Board. The appeal shall be filed in writing with the executive director of the board 2
not later than thirty (30) days after the notification of the action in question has 3
been mailed or sent electronically. 4
(28) If an individual received a notice that does not comply with subsection (7)(c), 5
(8)(d), or (14)(b) of this section, or received no written or electronic notification of 6
the[his or her] dismissal, demotion, suspension, or involuntary transfer pursuant to 7
subsection (7) or (8) of this section, the employee[he or she] shall file an[his or her] 8
appeal to the board within one hundred eighty (180) days of: 9
(a) Receipt of the written notice, if the employee [he or she] received a written 10
notice that does not comply with subsection (7)(c), (8)(d), or (14) (b) of this 11
section; or 12
(b) The alleged act, if the employee [he or she] did not receive written or 13
electronic notification of the alleged act in question. 14
(29) If a classified or unclassified employee refuses or fails to cooperate as a witness in 15
an agency , Personnel Cabinet, or board investigation, hearing, proceeding, or 16
inquiry, the employee may be subject to disciplinary action. 17
(30) Unless otherwise provided by this chapter, the board shall not have jurisdiction over 18
any appeal except as authorized by this section. 19