Commission on Human Rights
February 2006 Rulings on Discrimination Complaints
February 21, 2006
February 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 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 17 discrimination cases with findings of no probable cause. The board accepted one case withdrawal without settlement and with a right to sue.
Carol Theiss v The Messenger newspaper, in Flemingsburg: The complaint alleged discrimination based on familial status in housing, a violation of the Kentucky Civil Rights Act (KRS 344.360 and KRS 344.280) and The U.S. Civil Rights Act. The complainant, who has a child under 18, alleged that the respondent published a newspaper advertisement stating, “Mature adults preferred.” The respondent denied the allegations, but admitted to publishing the ad. The parties agreed to conciliate the matter, and the respondent agreed to compensate the complainant in the amount of $600, undergo civil rights compliance training, publish no-cost ads for the Lexington Fair Housing Council on a monthly basis for the next year, and provide subscriptions for compliance monitoring by the Lexington council and KCHR for two years.
James Artwell v Jeannette Oakley d/b/a Creational Consignment World, in Cadiz: The complaint alleged discrimination based on disability in housing, a violation of the Kentucky Civil Rights Act (KRS 344.120) and The American Disabilities Act. The complainant, who has a medical condition, alleged that the respondent informed him she would not provide her tanning bed services to him due to his disability. The Investigation resulted in a recommendation of probable cause. Prior to litigation, the parties agreed to conciliate the matter. The respondent agreed to compensate the complainant in the amount of $4,250 and to undergo civil rights compliance training.
Christina Worthington v Cross Pontiac-Jeep-GMC, in Louisville: 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. The complainant alleged the respondent refused to allow her to apply for employment based on her sex, female. The respondent denied the allegations and asserted there was miscommunication in the matter and that it had, afterward, offered to move the application process forward, but the complainant declined to pursue this. The parties agreed to conciliate the matter. The respondent agreed to compensate the complainant in the amount of $280, one week’s wages for the job position under discussion, to undergo civil rights compliance training, and to be monitored by KCHR for one year regarding compliance.
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.