Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Sexual Harassment
- FMLA Retaliation
- overtime rule
- Employer Wellness Programs
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- Wage and Hour
- Paid Time Off ("PTO")
- Sick Employees
- Employment Non-Discrimination Act ("ENDA")
- Independent Contractors
- Employee Benefits
- Human Resource Department
- OSHA
- Employment Discrimination Laws
- ERISA
- Overtime Pay
- Kentucky Civil Rights Act (“KCRA”)
- Fair Labor Standards Act (FLSA)
- U.S. Department of Labor
- Union
- ADA Amendments Act of 2008 (“ADAAA”)
- Employee Handbook
- Employee Misconduct
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- Young v. UPS
- Adverse Employment Action
- Americans with Disabilities Act
- Department of Labor ("DOL")
- Employment Law
- Family and Medical Leave Act (“FMLA”)
- Uncategorized
- Civil Rights
- Compliance
- EEOC
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Volunteer
- Bring Your Own Device
- BYOD
- copyright
- Intellectual Property
- Work for Hire
- Amazon
- Department of Health and Human Services
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Security Checks
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Creech v. Brown
- Lane v. Franks
- EEOC v. Hill Country Farms
- Cloud
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Non-exempt employees
- Mine Safety and Health Administration ("MSHA")
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- Crystalline Silica
- Illness and Injury Reports
- Kentucky Wage and Hour Act
- Permissible Exposure Level ("PEL")
- "Ban-the-box"
- Bullying
- Citizens United v. Federal Election Commission
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Payroll
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Violence
- Wage garnishment
- 2013)
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Companionship services
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Government employees
- Government shutdown
- Home Health Care Workers
- Maternity Leave
- NADSA Conference
- Private employers
- Small Business Administration (SBA)
- At-will employment
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Giant Food LLC
- KYSHRM 2013
- Mandatory vaccination policies
- Medical Exams
- SHRM
- COBRA
- Defense of Marriage Act (“DOMA”)
- Employee of the Month Programs
- Health-Contingent Wellness Programs
- HIPAA
- Obesity
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Reference checks
- United States v. Windsor
- Defamation
- Endorsements
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Online Defamation
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Employee Hazards
- Employee Training
- Employer Group Health Plans
- Employment Practices Liability Insurance
- Federal Workplace Agencies
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Sequester
- Unfair Labor Practice
- Contraceptive Mandate
- Employee Forms
- Employee photographs
- Employer Mandate
- FICA
- Form I-9
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- Play or Pay
- Record Retention
- Religious Employer
- Right to Work Bill
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- Employee Arrests
- posting requirements
- White v. Baptist Memorial Health Care Corp.
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Wilson v. City of Central City
- Crisis Management
- Job Description
- Job Requirement
- PhoneDog v. Kravitz
- social privacy laws
- Strategic Enforcement Plan (SEP)
- Workplace Politics
- Labor and Pensions ("HELP")
- Social Networking Online Protection Act (SNOP)
- Federal Department of Labor
- Kentucky Labor Cabinet
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Informal Discussion Letter (“EEOC Letter”)
- Workplace Discrimination, Harassment and Retaliation
- Hiring and Firing
- Hosanna-Tabor Opinion
- National Labor Relations Act
- Retaliation by Association
- Unemployment Benefits
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 4 posts in Kentucky Civil Rights Act (“KCRA”).
Morbid Obesity is Not a Disability in Kentucky – For Now
There’s no question that obesity is a national health crisis, with the Centers for Disease Control and Prevention estimating that more than a third of adults in the U.S. are obese. In 2013, the American Medical Association pronounced that it now finds obesity to be a disease, adding more fuel to the fire that suggests individuals afflicted with this disease could be considered “disabled” under the Americans with Disabilities Act (“ADA”). With regard to state law, however, the Kentucky Supreme Court closed the door – at least, for the time being - on disability claims with regard to obesity in the case of Pennington v. Wagner’s Pharmacy, Inc.[1] More >
Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability?
Kentucky’s statutes, which are mirrored after the federal Americans with Disabilities Act, make it unlawful for an employer to discriminate against an employee due to a disability. KRS 344.040(1) and 207.150. In a recently-issued decision, the Kentucky Court of Appeals has greatly increased the potential liability exposure that employers may face with respect to discrimination clams. More >
Discrimination in the Workplace Continued….
Following up on our blog post from Wednesday, Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace, the topic really isn’t so far removed from what is going on right in our own community. In late July the Fayette County Board of Education updated the language of their anti-discrimination policy to include gender identity and sexual orientation as protected classes. The decision was approved unanimously and applies to students, teachers and school district employees. This adds Fayette County to the list of approximately six other public school districts that have specific prohibitions for these protected classes. Gender discrimination is banned by all 174 public school districts in Kentucky. More >
Shortening Statutes of Limitations for Kentucky Civil Rights Act Claims by Agreement
Employment discrimination claims under the Kentucky Civil Rights Act (“KCRA”) are subject to a five (5) year statute of limitation. This lengthy amount of time during which terminated employees may bring claims under the act may place employers in an uneasy position, even when the claim is less than viable. For example, an employer terminated today may be able to file a KCRA claim against his or her former employer as late as July of 2017. It essentially requires an employer to preserve evidence which may be utilized for its defense for several years in the future – during which time other employees alleged to have done wrong may leave the company, or move departments or locations, or during which time memories may simply fade – just in case the former employee decides to initiate an action under the KCRA. More >
