Commission on Human Rights
June Rulings of the Kentucky Commission on Human Rights

LOUISVILLE – The Kentucky Commission on Human Rights (KCHR) Board of Commissioners today approved three conciliation agreements. 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 16 discrimination cases with findings of no probable cause, accepted one complaint withdrawal with private settlement, and accepted four complaint withdrawals without settlement and with a right to sue.   

Shirley Lyles v The Kentucky Center, in Louisville: 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. Lyles, who uses a walker, claimed accessible seating was not available to her at a February 2004 performance at the center, and that she requested accessible seating when she purchased her ticket in advance. 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 $3,000, continue to comply with civil rights laws, continue to provide staff with civil rights compliance training, and undergo compliance monitoring by KCHR for three years.

Carol Jecker v Durbin Super Bowl LLC., in Erlanger: 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. The complainant, who uses a wheelchair, claimed the bowling facility lacked adequate handicapped parking spaces, and provided no disability access to its second floor or to its restrooms. Ms. Jecker said she was therefore unable to watch her daughter participate in a bowling tournament held at Durbin Super Bowl. 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 Ms. Jecker in the amount of $7,500, and modify its premises over the next three years to correct violations identified by the state American with Disabilities Act coordinator.

Melanie Rogers-Watkins v Kroger, in Stanton: The complaint alleged discrimination based on sex in employment, a violation of the Kentucky Civil Rights Act (KRS 344.040) and the U.S. Civil Rights Act. Ms. Rogers-Watkins claimed she was denied a promotion based on her sex, a pregnant female. The respondent denied all allegations of unlawful discrimination and asserted the complainant was not the most qualified candidate for the position. The parties agreed to conciliate the matter, and the respondent agreed to compensate Ms. Rogers-Watkins in the amount of $1,000, and continue to comply with civil rights laws.

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.