Commission on Human Rights
January 2006 Rulings on Discrimination Complaints

Jan. 24, 2006
 
January Rulings of the Kentucky Commission on Human Rights

LOUISVILLE – The Kentucky Commission on Human Rights (KCHR) Board of Commissioners today approved five 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 commission dismissed 17 discrimination complaints, which, after investigation, resulted in findings of no probable cause. The commission accepted two complaint withdrawals with private settlement terms, and accepted four withdrawals without settlement and with a right to sue.

    
Bobby Morrow v Joyce Spain and Brenda Powell d/b/a/ Housing Authority of Hopkinsville: The complaint alleged discrimination based on disability in housing, a violation of the Kentucky Civil Rights Act (KRS 344.360) and The U.S. Civil Rights Act Title VII. The complainant alleged he was denied his request to live with his parents so they could assist him with his disability and that the respondent stated it was against policy to pay public aid to a family member. The respondent denied the allegation, asserting that based on the complainant’s disability, a reasonable accommodation would be granted, allowing the funding payments to the complainant’s parents. The parties agreed to conciliate the matter. The respondent agreed to grant the accommodation upon proof of the complainant’s eligibility for public money, comply with civil rights laws, and undergo Fair Housing training. 

Michael Wright v Summit Polymers Inc., in Elizabethtown: The complaint alleged discrimination based on race in employment, a violation of the Kentucky Civil Rights Act (KRS 344.040) and the U.S. Civil Rights Act. The complainant alleged his employer failed to promote him because of his race, black, and that all persons hired outside the company to supervisory positions he temporarily held were white. During its investigation, the commission found probable cause. The parties agreed to conciliate the matter. The respondent agreed to compensate the complainant in the amount of $5,000, comply with civil rights laws, and report to the commission with regard to civil rights compliance for three years.

Carol Theiss v Billy and Virginia Ratliff, 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 344.2800) and The U.S. Civil Rights Act. The complainant, who has a child under 18, alleged the respondent placed a newspaper advertisement stating, “Mature adults preferred.” The respondent denied the allegations, asserting the ad was intended to state a preference, not a requirement. The parties agreed to conciliate the matter, and the respondent will compensate the complainant in the amount of $500, and post and distribute fair housing information for potential renters.
Edmund Robinson v Leander’s on Oak, in Louisville: The complaint alleged discrimination based on race and age in employment, a violation of the Kentucky Civil Rights Act (KRS 344.040), The U.S. Civil Rights Act, and the Age Discrimination in Employment Act of 1967. The complainant alleged he was terminated based on his race, black, and his age, 47. The respondent denied the allegations and asserted the termination was for work performance issues. The complaint was dismissed with findings of no probable cause. After the complainant’s request for reconsideration, the parties agreed to conciliate the matter. The respondent agreed to compensate the complainant in the amount of $1,200, undergo civil rights compliance training, and adhere to compliance policies.

Fair Housing Council v Thompson Investments LTD d/b/a Woodland Hills Apartments, in Louisville: 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 alleged restrictive occupancy standards by the respondent prevented two-parent households with more than one child from renting the respondent’s property. The respondent denied the allegations, but acknowledged a policy of renting to only three persons per two-bedroom unit. Prior to the conclusion of the investigation, the parties decided to conciliate the matter. The respondent agreed to eliminate its “bedroom plus one policy” and replace it with written policy based on the Louisville Metro housing code. The respondent agreed to provide the new policies to current and potential renters, post and distribute Fair Housing information to clients, place an advertisement in Courier-Journal, Louisville Eccentric Observer and Louisville Defender newspapers, promoting fair housing law, and to reimburse the complainant $1,000 for costs associated with the compliant.

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.