Employment Law
Kentucky follows the “at will doctrine” which provides that employees considered to be “at-will” employees do not have protection from being terminated or demoted regardless of the reason for termination. However, both the federal laws and Kentucky law provide important protections for employees and duties for employers in regards to certain forms of illegal discrimination. Kentucky also recognizes exceptions to the “at will doctrine.”
Federal laws have been enacted prohibiting employers from discriminating for certain protected reasons. Title VII of the Civil Rights Act of 1964 is the most widely recognized law and Title VII prohibits employers with fifteen or more employees from discriminating against employees in the terms and conditions of their employment on the basis of the employees’ race, national origin, sex (which has been extended to pregnancy), or religion. Title VII makes it illegal for an employer to refuse to hire, fire, otherwise discipline, deny training or promotion, pay less, or harass any employee on the basis of their membership in a protected class under Title VII. Employers are also prohibited from retaliating against employees who complain of unlawful discrimination or otherwise assert their rights under Title VII. Employers who violate Title VII can be required to pay damages to the employee.
In Kentucky, parties are also protected by operation of the Kentucky Civil Rights Act (KCRA), which mirrors Title VII. The KCRA prohibits discrimination against someone in the terms and conditions of their employment on the basis of race, color, religion, national origin, age (over 40), sex, disability and retaliation. The Kentucky Commission on Human Rights (KCHR) is the agency with the statutory authority to enforce the KCRA. A party that desires to sue for unlawful discrimination has the option of filing in federal or state court. There are pros and cons of both courts. If you elect to pursue your claim in federal court you are first required to file a Charge of Discrimination with the EEOC. There are strict deadlines for when you must file this Charge. The KCRA does not require that you file a charge of discrimination with the KCHR before filing suit against your employer in state court. However, filing a charge will preserve your right to file in federal court. Please contact our office for a confidential consultation to discuss your situation.