Discrimination - Other - Kentucky

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Louisiana Employment Discrimination Law identifies the following protected classes for purposes of employment discrimination:

• Race;
• Color;
• National origin;
• Natural, protective, or cultural hairstyle;
• Religion;
• Sex;
• Disability (physical or mental impairment which substantially limits one or more of major life activities);
• Age (40 and over);
• Sickle cell trait;
• Pregnancy;
• Childbirth and related medical conditions (includes lactation or the need to express breast milk for up to one year after birth);
• Veteran (time off to use medical benefits);
• Protected genetic information; and
• Genetic testing/Cancer screening (medical time off).

For race, color, sex, national origin, religion, age, sickle cell, and disability claims, the employer must have at least 20 employees. For pregnancy, childbirth and related medical condition claims, the employer must have more than 25 employees.

Unlawful smoking policies

It is also an unlawful practice for an employer:

• To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking;
• To limit, segregate, or classify employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect status as an employee, because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking; or
• To require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products outside the course of employment, as long as the person complies with any workplace policy concerning smoking.

Crown Act protections

An executive order, signed by the governor on May 23, 2024, applied CROWN Act protections to the Commonwealth of Kentucky’s government employees.    

According to the executive order, it is the policy of the Commonwealth of Kentucky to prohibit discrimination in government employer-employee relations or in the provision of public services due to race, color, religion, sex, national origin, sexual orientation, gender identity or expression, ancestry, age, pregnancy or related medical condition, marital or familial status, disability or veteran status.

The order defines “employer-employee relations” to include but not be limited to:

• Hiring,
• Promotion,
• Termination,
• Tenure,
• Recruitment, and
• Compensation.     

In addition, the order defines “race” to include traits historically associated with race, including, but not limited to:

• Natural hair texture, and

• Protective hairstyles such as braids, locks, and twists.

Local Commissions

Any city or county may create a human rights commission (a “local commission”) to enforce the Kentucky Civil Rights statutes and the Federal Civil Rights Act of 1964. A local commission may receive, initiate, investigate, hear, and determine charges of violations of ordinances, orders, or resolutions forbidding discrimination adopted by the city or county.

State

Related information

Protected classes ezExplanation

Contact

Commission on Human Rights

Regulations

Kentucky Revised Statutes Chapter 344, Civil Rights, Section 344.040 Discrimination by employers
www.lrc.ky.gov/Statutes/statute.aspx?id=32605

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

KRS § 344.030 Definitions for KRS 344.030 to 344.110

Executive Order 2024-354 Crown Act protections

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.