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McBrayer Blogs

Showing 4 posts in Kentucky Civil Rights Act (“KCRA”).

Morbid Obesity is Not a Disability in Kentucky – For Now

Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, Kentucky Civil Rights Act (“KCRA”)

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

Posted In Employment Law, Kentucky Civil Rights Act (“KCRA”)

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 >

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