Filing a Discrimination Claim – Kentucky

1. What kinds of discrimination are against state law in Kentucky?

The Kentucky Civil Rights Act makes it illegal for an employer to discriminate on the basis of race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking.

Separate statutes also provide protection against discrimination on the basis of AIDS or HIV status and black lung disease .

2. How do I file a discrimination claim in Kentucky?

A discrimination claim can be filed either with the state administrative agency, the Kentucky Commission on Human Rights (KCHR) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.

The Kentucky anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 8 and 14 employees, you may wish to file with the KCHR, as the EEOC enforces federal law, which covers only employers with 15 or more employees. Filing with the KCHR is not required to pursue a discrimination claim directly in court. If you do not have an attorney, however, you may wish to see whether the KCHR can assist you in resolving your claim without filing in court. KCHR complaints must be filed within 180 days of the date you believe you were discriminated against.

To file a claim with the KCHR, contact its office below. More information about filing a claim with the KHRC can be found at: http://kchr.ky.gov/.

Kentucky Commission on Human Rights Suite 700, The Heyburn Building 332 W. Broadway Louisville, KY 40202 Phone: (502) 595-4024 Toll-Free: (800) 292-5566 TDD: (502) 595-4084 Fax: (502) 595-4801

To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.

EEOC — Louisville Area Office 600 Dr. Martin Luther King Jr. Place Suite 268 Louisville, KY 40202 Phone: (502) 582-6082 TTY: (502) 582-6285

3. What are my time deadlines?

If you choose to file a discrimination claim with one of these administrative agencies, do not delay in contacting the KCHR or EEOC. There are strict time limits in which charges of employment discrimination must be filed. In order for KCHR to act on your behalf, you must file with the KCHR (or cross-file with the EEOC) within 180 days or with the EEOC (or cross-file with the state agency) within 300 days of the date you believe you were discriminated against. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your discrimination claim with the state and federal administrative agencies.

4. How can I or my attorney pursue a claim in court in Kentucky?

If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit (to resolve your case, you probably will be required as to sign a release of your legal claims). If your case is not resolved by the KCHR or EEOC, and you may want to continue to pursue the matter, you will need to pursue your claim in court. A federal employment discrimination case cannot be filed in court without first going to the EEOC, as discussed above, and having the EEOC dismiss your claim. This process is called “exhaustion” of your administrative remedy. Exhaustion is not required to proceed with your state discrimination claim in court.

Because Kentucky law does not limit or cap the compensatory (emotional pain and suffering) damages potentially available for a discrimination claim that are capped under federal law, many Kentucky attorneys choose to file employment discrimination cases in state court under state law only. However, most cases may be brought in either state or federal court, using state or federal law. It is also easier in Kentucky state court to prevent summary judgment (a dismissal of the case prior to trial after presenting disputed and undisputed facts to a judge), according to some attorneys.

The EEOC must first issue the document known as “Dismissal and Notice of Rights” or “Notice of Right to Sue” (Form 161) before you can file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. (Be sure to mark down that date when you receive the notice.)

A lawsuit based on your state discrimination claim must be filed within 5 years of the date you believe you were discriminated against.

These deadlines are called the “statute of limitations.” If you have received one of these agency dismissal letters, do not delay consulting with an attorney. If your lawsuit is not filed by the deadline, then you may lose your ability to pursue a discrimination case.

© 2015 Workplace Fairness