Commission on Human Rights
First 2011 State Human Rights Commission Session brings $76,750 compensation to discrimination complainants

LOUISVILLE, Ky. - The Kentucky Commission on Human Rights Board of Commissioners met today and approved a $45,000 conciliation agreement along with five other conciliations that compensated an additional $31,750 for discrimination complainants.

"This is the kind of help the Kentucky Commission on Human Rights can provide to people in the state who believe they may be victims of unlawful discrimination," said John J. Johnson, executive director of the commission. "Discrimination in Kentucky can be stopped, and people with the courage to step forward by filing complaints act as strong measures toward ridding our society of such backward, wrong, and illegal behavior," he said.

Conciliation agreements are similar to settlements and bring discrimination complaints made by people in Kentucky to a close. Parties involved in discrimination cases as in other legal cases often seek to resolve matters with conciliation agreements, settlements, or mediations rather than pursue the longer litigation and formal hearing processes. The respondents in all the agreements today deny all allegations of unlawful discrimination and are required to undergo civil rights compliance training and compliance monitoring.

In other business, the commission dismissed 21 discrimination complaints with findings of no probable cause to believe discrimination occurred. The board approved five case withdrawals and issued a right for the complainants to file private civil suits. The board approved seven case withdrawals in which the parties came to private settlements. 

The six conciliation agreements totaling $76,750 in compensation are detailed below:

Whalen v. Bruce Glenn Motors in Frankfort, Ky.: Stacy Whalen alleged she was discriminated against based on sex (pregnant female) in the area of employment. She alleged Bruce Glenn Motors fired her because she was pregnant. This would be a violation of the Kentucky and United States Civil Rights acts. After the commission issued a finding of probable cause to believe discrimination occurred, the parties agreed to resolve the matter with a conciliation agreement. The company denied any unlawful conduct. Bruce Glenn Motors agreed to compensate Whalen in the amount of $45,000 and to provide her with a letter of reference for future employment. The company agreed to undergo civil rights compliance training and three years of compliance monitoring.

Sims v. Frankfort Housing Authority et al in Frankfort, Ky.: With the assistance of the Lexington Fair Housing Council, Robin Sims filed a complaint that alleged she was discriminated against based on disability in the area of housing. She alleged her landlord and other parties in authority denied her request for a reasonable accommodation on the form of a service animal for emotional support. This would be a violation of the Kentucky and United States Civil Rights acts' fair housing law sections. The commission issued a finding of probable cause to believe discrimination occurred after which the parties agreed to resolve the matter with a conciliation agreement. The respondents denied any unlawful conduct. The respondents agreed to compensate Sims in the amount of $8,500 and to undergo civil rights compliance training and three years of compliance monitoring.

Jackson v. Henderson Housing Authority in Henderson, Ky.: Pierre Jackson filed a complaint that alleged he was discriminated against based on disability in the area of housing. He alleged his landlords denied his request for a reasonable accommodation in the form of a service animal for emotional support. This would be a violation of the Kentucky and united States Civil Rights acts' fair housing law sections. The respondent denied any unlawful conduct. While the commission was preparing to issue a finding of probable cause to believe discrimination occurred, the parties agreed to resolve the matter with a conciliation agreement. The Henderson Housing Authority agreed to compensate Jackson in the amount of $11,000. The agency agreed to undergo civil rights compliance training and three years of compliance monitoring. 

Lewis v. Byer Terrace Apartments in Lexington, Ky.: With the assistance of the Lexington Fair Housing Council, Doris Lewis filed a complaint alleging she was discriminated against based on family or "familial" status in the area of housing. She alleged the Byer Terrace Apartments refused to rent property on the second floor to her because she had children. This would be a violation of the Kentucky and United States Civil Rights acts. The company denied any unlawful conduct. While the commission was preparing to issue a finding of probable cause to believe discrimination occurred, the parties agreed to resolve the matter with a conciliation agreement. Byer Terrace Apartments agreed to compensate Lewis in the amount of $5,500. It agreed to offer Lewis the opportunity to rent, lease or purchase real estate without discrimination. The respondent agreed to undergo civil rights compliance training and three years of compliance monitoring.

Mullarkey v. Elizabethtown Peddlers Mall LLC in Elizabethtown, Ky.: Michael Mullarkey of Radcliff, Ky., filed a complaint alleging he was discriminated against based on disability in public accommodations. He alleged that Elizabethtown Peddlers Mall prohibited him from enjoying its goods and services because he was accompanied by his service dog. This would be a violation of the Kentucky and United States Civil Rights acts. The company denied any unlawful conduct. Before the commission's investigation was complete, the parties agreed to resolve the matter with a conciliation agreement. The respondent agreed to pay Florida Service Dogs Inc. the sum of $4,250 and to undergo civil rights compliance training and three years of compliance monitoring.

Walker v. Extendicare Homes Inc. doing business as Medco Center of Henderson in Henderson, Ky.: Ayanna Walker filed a complaint alleging she was discriminated against based on her race (multi-racial) in the area of employment. She alleged that Medco Center treated her differently from the company's white employees and discharged her because of her race. This would be a violation of the Kentucky and U.S. Civil Rights acts. The company denied any unlawful conduct and asserted it discharged Walker in accordance with its progressive disciplinary policy. Before the commission made a determination, the parties agreed to resolve the matter with a conciliation agreement. Medco agreed to compensate Walker in the amount of $2,500 and undergo compliance training and one year of compliance monitoring.