KRS 207.010 Repealed, 1950
207.010. Repealed, 1950
Catchline at repeal: Definitions.
History: Repealed 1950 Ky. Acts ch. 110, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-1.
AID TO THE NEEDY BLIND -- EQUAL OPPORTUNITIES
KRS tit. XVII, ch. 207
in effectKRS 207.020 Repealed, 1978
207.020. Repealed, 1978
Catchline at repeal: Fiscal courts may appropriate money for relief of the blind.
History: Repealed 1978 Ky. Acts ch. 118, sec. 19. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1893a-10.
KRS 207.030 Repealed, 1978
207.030. Repealed, 1978
Catchline at repeal: Payment of relief by counties.
History: Repealed 1978 Ky. Acts ch. 118, sec. 19. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1893a-11.
KRS 207.040 Repealed, 1978
207.040. Repealed, 1978
Catchline at repeal: Qualifications for county relief -- Application -- Procedure.
History: Repealed 1978 Ky. Acts ch. 118, sec. 19. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1893a-12.
KRS 207.050 Repealed, 1978
207.050. Repealed, 1978
Catchline at repeal: Persons not entitled to relief.
History: Repealed 1978 Ky. Acts ch. 118, sec. 19. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1893a-13.
KRS 207.060 Repealed, 1950
207.060. Repealed, 1950
Catchline at repeal: Eligibility for state aid.
History: Repealed 1950 Ky. Acts ch. 110, sec. 12. -- Amended 1946 Ky. Acts ch. 98, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-2.
KRS 207.070 Repealed, 1950
207.070. Repealed, 1950
Catchline at repeal: Amount of state aid.
History: Repealed 1950 Ky. Acts ch. 110, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-3.
KRS 207.080 Repealed, 1950
207.080. Repealed, 1950
Catchline at repeal: Duties of department.
History: Repealed 1950 Ky. Acts ch. 110, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-4.
KRS 207.085 Renumbered as 45.235, effective 1948
207.085. Renumbered as 45.235, effective 1948
Note: 1948 Ky. Acts ch. 236 created three new sections of the statutes, reading exactly the same, to be numbered KRS 200.045, 205.045, and 207.085. These three sections were consolidated into one, and codified as KRS 45.235, effective 1948.
KRS 207.090 Repealed, 1944
207.090. Repealed, 1944
Catchline at repeal: Records to be confidential -- Rules governing.
History: Repealed 1944 Ky. Acts ch. 173, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-5.
KRS 207.100 Repealed, 1944
207.100. Repealed, 1944
Catchline at repeal: Right of appeal.
History: Repealed 1944 Ky. Acts ch. 172, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-6.
KRS 207.110 Repealed, 1944
207.110. Repealed, 1944
Catchline at repeal: Aid inalienable and exempt from execution.
History: Repealed 1944 Ky. Acts ch. 172, sec. 13.. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 181a-7.
KRS 207.120 Repealed, 1950
207.120. Repealed, 1950
Catchline at repeal: Advisory commission for coordination of services for the blind.
History: Repealed 1950 Ky. Acts ch. 110, sec. 12. -- Created 1946 Ky. Acts ch. 34, sec. 1.
KRS 207.130 Definitions for KRS 207.140 to 207.240
207.130. Definitions for KRS 207.140 to 207.240
As used in KRS 207.140 to 207.240 unless the context otherwise requires:
(1) "Persons" means one (1) or more individuals, partnerships, municipalities, the state, or other political subdivisions within the state, associations, labor organizations, or corporations.
(2) "Physical disability" means the physical condition of a person whether congenital or acquired, which constitutes a substantial disability to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques.
(3) "Employer" means a person or governmental unit or officer in this state having in his or its employ eight (8) or more individuals; and any person acting in the interest of an employer, directly or indirectly.
(4) "Labor organization" means a labor organization and an agent of such an organization, and includes an organization of any kind, an agency or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and a conference, general committee, joint system or board, or joint council so engaged which is subordinate to a national or international labor organization.
(5) "Unfair employment practice" means an act that is prohibited under KRS 207.150, 207.160 or 207.170.
(6) "Commissioner" means the commissioner of the Department of Workplace Standards, under the direction and supervision of the secretary of the Education and Labor Cabinet.
(7) "Department" means the Department of Workplace Standards in the Education and Labor Cabinet.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 101, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 304, effective July 15, 2010. -- Amended 1994 Ky. Acts ch. 405, sec. 62, effective July 15, 1994. Amended 1992 Ky. Acts ch. 282, sec. 44, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 414, sec. 4, effective July 13, 1984. --Created 1976 Ky. Acts ch. 280, sec. 2.
KRS 207.135 Protections available to persons with HIV -- Employment discrimination prohibited
207.135. Protections available to persons with HIV -- Employment discrimination prohibited
(1) Any person with acquired immunodeficiency syndrome, acquired immunodeficiency syndrome related complex, or human immunodeficiency virus shall have every protection made available to individuals with disabilities under KRS 207.130 to 207.240 and Section 504, Public Law No. 93-112, the Rehabilitation Act of 1973.
(2) (a) No person may require an individual to take a human immunodeficiency virus related test as a condition of hiring, promotion, or continued employment, unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question.
(b) A person who asserts that a bona fide occupational qualification exists for human immunodeficiency virus-related testing shall have the burden of proving that: 1. The human immunodeficiency virus-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting human immunodeficiency virus infection to other persons in the course of normal work activities; and 2. There exists no means of reasonable accommodation short of requiring the test.
(3) (a) A person shall not discriminate against an otherwise qualified individual in housing, public accommodations, or governmental services on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus.
(b) A person or other entity receiving or benefiting from state financial assistance shall not discriminate against an otherwise qualified individual on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus.
(c) A person who asserts that an individual who is infected with human immunodeficiency virus is not otherwise qualified shall have the burden of proving that no reasonable accommodation can be made to prevent the liklihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected with human immunodeficiency virus.
(d) No person shall fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the fact that the individual is a licensed health care professional who treats or provides patient care to persons infected with human immunodeficiency virus.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 63, effective July 15, 1994. --Created 1990 Ky. Acts ch. 443, sec. 49, effective July 13, 1990.
KRS 207.140 Preemployment inquiry -- Basis for rejection of applicant for employment or housing
207.140. Preemployment inquiry -- Basis for rejection of applicant for employment or housing
(1) Nothing contained in KRS 207.130 to 207.240 shall be construed to prevent an employer from making any preemployment inquiry about the existence of an applicant's disability and about the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation.
(2) Nothing contained in KRS 207.130 to 207.240 shall be construed to prohibit the rejection of an applicant for employment or housing on the basis of:
(a) A physical disability which interferes with a person's ability to adequately perform assigned job duties;
(b) Any disability which is not demonstrable by medically accepted clinical or laboratory diagnostic techniques, including, but not limited to, alcoholism, drug addiction, and obesity; or
(c) Any communicable disease, either carried by, or afflicting the applicant.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 64, effective July 15, 1994. -- Created 1976 Ky. Acts ch. 280, sec. 3.
KRS 207.150 Prohibited employment practices -- Exceptions
207.150. Prohibited employment practices -- Exceptions
(1) No employer shall fail or refuse to hire, discharge, or discriminate against any individual with a disability with respect to wages, rates of pay, hours, or other terms and conditions of employment because of the person's physical disability unless the disability restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible, or unless otherwise provided by law or, on the basis of the results of a human immunodeficiency virus-related test, unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question; nor shall any employer limit, segregate, or classify individuals with disabilities in any way which would deprive or tend to deprive any individual with a disability of employment opportunities or otherwise affect employee status because of physical disability, or on the basis of the results of a human immunodeficiency virus-related test, unless the disability or absence of human immunodeficiency virus infection, constitutes a bona fide and necessary reason for the limitation, segregation or classification. This subsection shall not be construed to require any employer to modify his physical facilities or grounds in any way, or exercise a higher degree of caution for an individual with a disability than for any person who is not an individual with a disability.
(2) No employment agency, placement service, training school or center, or labor organization shall fail or refuse to refer for employment or otherwise discriminate against individuals because of physical disability.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 65, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 443, sec. 52, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 280, sec. 4.
KRS 207.160 Prohibited discriminatory acts by labor organization
207.160. Prohibited discriminatory acts by labor organization
No labor organization shall exclude or expel from its membership, or otherwise discriminate against individuals because of physical disability or on the basis of a human immunodeficiency virus related test; nor shall a labor organization limit, segregate, or classify its membership, nor classify or fail or refuse to refer for employment any individual with a disability, in any way which would deprive or tend to deprive any individual with a disability of employment opportunities, or otherwise affect employee status or employment applicant status or as would adversely affect such person's wages, hours or conditions of employment, because of physical disability or on the basis of a human immunodeficiency virus related test.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 66, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 443, sec. 53, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 280, sec. 5.
KRS 207.170 Prohibited discriminatory acts by employer or others
207.170. Prohibited discriminatory acts by employer or others
(1) No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment, nor shall any employment agency discriminate against any person, nor shall a labor organization discriminate against any member or applicant for membership because such person has opposed any practice made an unfair employment practice by KRS 207.130 to 207.240 or because he has filed a charge, testified, assisted, or participated in any manner in an investigation, citizen's action suit, proceeding, or hearing under KRS 207.130 to 207.240.
(2) No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of physical disability in admission to, or employment in, any program established to provide apprenticeship or other training, except as otherwise provided by law.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 67, effective July 15, 1994. --Created 1976 Ky. Acts ch. 280, sec. 6.
KRS 207.180 Repealed, 1992
207.180. Repealed, 1992
Catchline at repeal: Prohibited discriminatory acts related to housing.
History: Repealed 1992 Ky. Acts ch. 282, sec. 45. -- Created 1976 Ky. Acts ch. 280, sec. 7.
KRS 207.190 Repealed, 1992
207.190. Repealed, 1992
Catchline at repeal: Prohibited discriminatory acts related to loans.
History: Repealed 1992 Ky. Acts ch. 282, sec. 45. -- Created 1976 Ky. Acts ch. 280, sec. 7.
KRS 207.200 Enforcement by Department of Workplace Standards
207.200. Enforcement by Department of Workplace Standards
(1) The Kentucky Department of Workplace Standards is authorized to enforce the employment provisions of KRS 207.130 to 207.240 in conjunction with the State Attorney General's office and the state and local courts.
(2) Any individual with a disability requesting the intervention of the Kentucky Department of Workplace Standards under this section shall, within one hundred and eighty (180) days of the alleged incident, submit with his request a signed, sworn statement specifying and describing the disability or disabilities which affect him. This statement may be used by the commissioner of workplace standards or his representative to determine if the individual does, or does not, have a "physical disability" as defined in KRS 207.130(2). If the commissioner of workplace standards or his representative determines that the aggrieved individual does have a disability which falls under the definition in KRS 207.130(2), the Department of Workplace Standards shall provide a copy of the aggrieved individual's signed statement to the employer for his inspection.
(3) In the event the employer wishes to challenge the validity of the statement, he shall so notify the commissioner of workplace standards, who shall in turn notify the aggrieved individual. If the aggrieved individual wishes the Department of Workplace Standards to continue its involvement with the case, he shall be required to submit to the commissioner of workplace standards, within thirty (30) days of such notice, a signed, sworn statement from a licensed physician of his choice, or from one of the state or federal agencies serving individuals with disabilities:
(a) Specifying and describing the disability or disabilities affecting the individual; and
(b) Indicating any specific type of employment for which such disability should be considered a bona fide or necessary reason for limitation or exclusion.
(4) (a) The state agencies which may be consulted under subsection (3) of this section may include but are not limited to the following: 1. Department of Education, Office of Vocational Rehabilitation Services; 2. Cabinet for Health and Family Services, Department for Public Health; and 3. Education and Labor Cabinet.
(b) The commissioner of workplace standards, in conjunction with the agencies designated in this subsection, is authorized to adopt appropriate regulations governing the issuance and setting the standards of determinations of ability or disability.
(c) The agencies designated in this subsection, and any other state agency which serves individuals with disabilities and which the commissioner of workplace standards deems proper, shall cooperate to the fullest with the Department of Workplace Standards in issuing a statement of disability and limitations as specified in subsection (3) of this section within twenty (20) days of the date the individual with a disability presents himself before such agency for examination.
(5) (a) For the purposes of KRS 207.130 to 207.240, the commissioner of workplace standards, or his authorized representative, shall have the power to enter the place of employment of any employer, labor organization, or employment agency to inspect and copy employment records, to compare character of work and operations on which persons employed by him are engaged, to question such persons, and to obtain such other information as is reasonably necessary to make a preliminary determination that the aggrieved individual is, or is not, fully capable of carrying out the duties of the job which he or she had been denied.
(b) In the event that a preliminary determination is made that the aggrieved individual is not fully capable of carrying out the duties of the job which he or she had been denied, the aggrieved individual and the employer shall both be so advised.
(c) The aggrieved individual, within ten (10) days of receiving such notification, may file with the Department of Workplace Standards an application for reconsideration of the determination. Upon such application, the commissioner of workplace standards or his representative shall make a new determination within ten (10) days whether the aggrieved individual is, or is not, fully capable of carrying out the duties of the job which he or she had been denied. If the determination is again made that the aggrieved individual is not fully capable of carrying out these duties, the aggrieved individual and the employer shall both be so advised.
(d) In the event that a preliminary determination has been made that the aggrieved individual is fully capable of carrying out the duties of the job which he or she had been denied, the employer, labor organization, or employment agency shall be so advised and encouraged to make an immediate offer to the aggrieved individual of the position which he or she had been denied. In the event the position has already been filled, the employer, labor organization, or employment agency shall be encouraged to make an offer to the aggrieved individual of the next available position for which he or she is qualified.
Effective: July 1, 2024
History: Amended 2023 Ky. Acts ch. 124, sec. 70, effective July 1, 2024. -- Amended 2012 Ky. Acts ch. 158, sec. 33, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 24, sec. 305, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 292, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 39, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 238, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 68, effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 414, sec. 5, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 280, sec. 9.
KRS 207.210 Administrative complaint procedure -- Types of affirmative action
207.210. Administrative complaint procedure -- Types of affirmative action
(1) If the employer, labor organization, or employment agency continues to refuse employment to the aggrieved individual, the aggrieved individual may file a formal administrative complaint with the Department of Workplace Standards and, upon that filing, the commissioner of workplace standards or his representative shall conduct an administrative hearing in accordance with KRS Chapter 13B.
(2) If the Department of Workplace Standards determines that the employer, labor organization, or employment agency has not engaged in an unfair employment practice, it shall after the hearing issue a final order dismissing the complaint.
(3) If the Department of Workplace Standards determines that the employer, labor organization, or employment agency has engaged in an unfair employment practice, the department shall issue a final order requiring the employer, labor organization, or employment agency to cease and desist from the unlawful practice and to take affirmative action as in the judgment of the department will carry out the purposes KRS 207.130 to 207.240.
(4) Affirmative action ordered under this section may include, but is not limited to:
(a) Hiring, reinstatement, or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the aggrieved individual shall operate to reduce the back pay otherwise allowable;
(b) Admission or restoration of the aggrieved individual to union membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to these programs;
(c) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the employer;
(d) Reporting as to the manner of compliance;
(e) Posting notices in conspicuous places in the employer's place of business in form prescribed by the Department of Workplace Standards.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 306, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 318, sec. 99, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 414, sec. 6, effective July 13, 1984. --Created 1976 Ky. Acts ch. 280, sec. 10.
KRS 207.220 Cities and counties may adopt antidiscrimination measures
207.220. Cities and counties may adopt antidiscrimination measures
Cities and counties may adopt and enforce, or authorize commissions or agencies to enforce ordinances, orders, and resolutions prohibiting unfair treatment of individuals on the basis of physical disability, and may prescribe penalties for violation thereof, such penalties being in addition to those herein authorized.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 69, effective July 15, 1994. -- Created 1976 Ky. Acts ch. 280, sec. 11.
KRS 207.230 Citizen suits
207.230. Citizen suits
Notwithstanding the provisions of KRS 207.200 and 207.210, citizen suits may be commenced under the following terms and conditions:
(1) Any person deeming himself injured by any act in violation of the provisions of this chapter shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained by him, and upon judicial finding of any violation of KRS 207.150 to 207.190, shall recover the costs of the law suit, including a reasonable fee for his attorney of record, all of which shall be in addition to any other remedies contained in KRS 207.130 to 207.240.
(2) Notice. No action may be commenced:
(a) Prior to thirty (30) days after the plaintiff has given notice of the violation to the commissioner of workplace standards.
(b) If the commissioner of workplace standards has commenced and is diligently prosecuting a civil action to require compliance with KRS 207.130 to 207.240; however, the aforementioned conditions do not prohibit citizen-initiated civil enforcement action contemporaneously with criminal enforcement efforts by the state.
(c) In any civil action under this section, the commissioner of workplace standards, under the direction of the secretary of the Education and Labor Cabinet, if not a party, may intervene only with consent of the person bringing the action. If the administrator is allowed to intervene, he may not alter the cause of action, delay the proceedings, or make any decisions, settlement agreements, or agree to any consent orders or enforcement proceeding without the informed consent of the person initiating the citizens enforcement action.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 102, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 307, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 414, sec. 7, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 280, sec. 12.
KRS 207.240 Title
207.240. Title
KRS 207.130 to 207.230 shall be known and may be cited as the "1976 Equal Opportunities Act."
History: Created 1976 Ky. Acts ch. 280, sec. 1.
KRS 207.250 Disclosure of HIV information in real estate transaction prohibited
207.250. Disclosure of HIV information in real estate transaction prohibited
(1) The fact that an occupant of real property is infected or has been infected with human immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome is not a material fact that shall be disclosed in a real estate transaction.
(2) No cause of action shall arise against an owner of real property or his agent, or any agent of a transferee of real property for the failure to disclose to the transferee that an occupant of that property was infected with human immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 443, sec. 50, effective July 13, 1990.
KRS 207.260 Right of action -- Recovery for each violation
207.260. Right of action -- Recovery for each violation
(1) Any person aggrieved by a violation of KRS 207.135, 207.150, 207.160, or 304.12- 013 shall have a right of action in District Court and may recover for each violation:
(a) Against any person who violates a provision of this section, liquidated damages of one thousand dollars ($1,000) or actual damages, whichever is greater.
(b) Against any person who intentionally or recklessly violates a provision of this section, liquidated damages of five thousand dollars ($5,000) or actual damages, whichever is greater.
(c) Reasonable attorney's fees.
(d) Such other relief, including an injunction, as the court shall deem appropriate.
(2) Nothing in this section limits the right of the person aggrieved by a violation of this section to recover damages or other relief under any other applicable law.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 443, sec. 51, effective July 13, 1990.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38141Fetched: 10/20/2026