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Commission on Human Rights
July 2006 Rulings of the Kentucky Commission on Human Rights
LOUISVILLE – The Kentucky Commission on Human Rights (KCHR) Board of Commissioners on July 27, 2006, approved one conciliation agreement. Conciliation agreements constitute the compromise of a disputed claim and are reached through KCHR negotiations between complainants and respondents in consideration for the full and complete resolution of claims of alleged discrimination.
The board dismissed 19 discrimination cases with findings of no probable cause, dismissed seven complaints under reconsideration with findings of no probable cause, accepted two complaint withdrawals with private settlements, and accepted two complaint withdrawals without settlement and with a right to sue.
Louise Wisdom v Asian Buffet of LaGrange Inc., in LaGrange: The complaint alleged discrimination based on disability in a public accommodations facility, a violation of the Kentucky Civil Rights Act (KRS 344.120) and the American with Disabilities Act. Ms. Wisdom, who uses a the assistance of a service dog for her hearing disability, claimed the restaurant owner, Ms. Fei Quo Tang, refused to let Ms. Wisdom enter the restaurant with her dog. On March 29, 2006, the commission found probable cause to believe discrimination had occurred. During the course of investigation, the commission found probable cause to support the complaint. The respondent denied all allegations of unlawful discrimination. The parties agreed to conciliate the matter, and the respondent agreed to compensate the complainant in the amount of $1,000, comply with civil rights laws, undergo civil rights compliance training, and provide a complimentary dinner at the restaurant for Ms. Wisdom and 14 people from Paws with Purpose, a local organization that provides training to service dogs. These individuals may bring their service dogs or service dogs in training.
The KCHR is the state government agency that enforces The Kentucky Civil Rights Act and the policies of federal civil rights laws. It receives initiates, investigates, conciliates and rules upon jurisdictional complaints. The KCHR has jurisdiction in housing, employment, public accommodations, and financial transactions.
The Kentucky Civil Rights Act prohibits discrimination in public accommodations, employment, housing, and financial transactions on the basis of race, color, religion, national origin, disability, and sex. Discrimination is further prohibited on the basis of familial status in housing, the basis of age (40 or over) in employment, and the basis of a person’s tobacco-smoking status in employment. Complaints not dismissed, settled or conciliated go to administrative hearing where commission decisions have the authority of a court of law.
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