Pregnancy discrimination - Kentucky

Pregnancy accommodations

Effective June 27, 2019, under the Kentucky Pregnant Workers act, Kentucky employers with 15 or more employees  are to provide reasonable accommodations for an employee’s limitations related to her pregnancy, childbirth, or related medical conditions, unless doing so poses an undue hardship.

Accommodations may include the following:

Kentucky anti-discrimination provisions

Employer defined

“Employer,” for purposes of the Kentucy general anti-discrimination provisions, means a person who has eight or more employees within the state in each of 20 or more calendar weeks in the current or preceding calendar year, and an agent of such a person.

Unlawful employment practices

The unlawful employment practices and exemptions established by the Kentucky Revised Statues are similar to those under Title VII of the Civil Rights Act. In addition, the Kentucky Commission on Human Rights has adopted without change the EEOC Guidelines on Sex Discrimination (with Appendix to Part 1604 - Questions and Answers on the Pregnancy Discrimination Act): 29 CFR 1604.1 to 1604.4 and 1604.6 to 1604.11.

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.

Recordkeeping by employers, labor organizations, and employment agencies

A personnel or employment record made or kept by an employer must be preserved for one year from the date of the making or the date of the personnel action involved, whichever occurs later. These records must include requests for reasonable accommodation, application forms, and other records related to:

• Hiring;
• Promotion;
• Demotion;
• Transfer;
• Lay-off;
• Termination; and
• Terms of compensation.

Upon receipt of a complaint of discrimination, the employer must preserve all employee personnel records relevant to the determination until final disposition of the complaint. This includes:

• Personnel or employment records relating to the complainant and other employees holding positions similar to that held or sought by the complainant;
• Application forms or test papers completed by the complainant and of other applicants for the same position; and
• Personnel or employment records relating to the complainant.

Upon receipt of a complaint of employment discrimination, an employer must provide a current employer information report. The report must include a workforce breakdown of the employers’ temporary and permanent employees within Kentucky. The report must contain a breakdown of the employers’ workforce by:

• Race;
• Age;
• National origin; or
• Sex.

An employer may acquire the information necessary either by visual surveys or by the maintenance of post-employment records. Post-employment records which identify employees by race, color, religion, disability, age, national origin or sex must be kept separately from personnel records available to those responsible for personnel decisions.

An employer may substitute a comparable federal government employer information report. If the comparable government employer report does not provide a current workforce breakdown descriptive of employees’ actual job categories, the employer must update or modify the information contained in the report.

Recordkeeping for apprenticeships and training programs

An apprenticeship or training program must keep a list of applicants according to race, national origin, sex, and age. The list must be maintained in chronological order for two years. A list of requests for reasonable accommodations by persons with disabilities must also be maintained for two years.

An apprenticeship or training program must furnish to the Commission, upon request, a breakdown of current enrollment by race, national origin, sex, and age. A list of requests for reasonable accommodations from persons with disabilities must also be furnished upon request.

Posting

An employer, employment agency, licensing agency and labor organization, must post and maintain at its establishment equal employment opportunity notices. The notices must be readily apparent to an employee and applicant for employment. They must be posted in easily-accessible and well-lighted places at or near each location where the employee’s services are performed.

A labor organization must post “equal employment opportunity” notices in easily-accessible and well-lighted places. The notices must be readily apparent to member and an applicant for membership.

An owner, lessee, proprietor, or manager of a place of public accommodation, resort, or amusement, must post and maintain welcome notices. Public accommodation welcome notices must be posted where they may be readily observed by those seeking or granting any of the accommodations, advantages, facilities, or privileges of places of public accommodations, resort or amusement.

A person or business entity engaged in an real estate or real estate-related transaction must post and maintain at each location where services are regularly performed, the equal housing opportunity notices. Equal housing opportunity notices must be posted at each location where services are regularly performed, in an easily-accessible and well-lighted place. The notice must be readily apparent to a person seeking services.