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 .

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, visit the KCHR Website.

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

EEOC has launched an online service that enables individuals who have filed a discrimination charge to check the status of their charge online. This service provides a portal to upload and receive documents and communicate with the EEOC, allowing for a faster transmitting period. Those who have filed a charge can access information about their charge at their convenience, and allow entities that have been charged to receive the same information on the status of the charge. All of the EEOC offices now use the Digital Charge System.  The system can be accessed at the EEOC website. 

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.

When your charge is filed, the EEOC will give you a copy of your charge with your charge number. Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. At that point, the EEOC may decide to do one of the following:

• Ask both you and the employer to take part in a mediation program
• Ask the employer to provide a written answer to your charge and answer questions related to your claim, then your charge will be given to an investigator
• Dismiss the claim if your charge was not filed in time or if the EEOC does not have jurisdiction

If the EEOC decides to investigate your charge, the EEOC may interview witnesses and gather documents. Once the investigation is complete, they will let you and the employer know the result. If they decides that discrimination did not occur then they will send you a “Notice of Right to Sue.” This notice gives you permission to file a lawsuit in a court of law. If the EEOC determines that discrimination occurred then they will try to reach a voluntary settlement with the employer. If a settlement cannot reached, your case will be referred to the EEOC’s legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit then they will give you a “Notice of Right to Sue.”

How long the investigation takes depends on a lot of different things, including the amount of information that needs to be gathered and analyzed. On average, it takes the EEOC nearly 6 months to investigate a charge. A charge is often able to settle faster through mediation (usually in less than 3 months).

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.)

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.