Commission on Human Rights
July 2005 Rulings on Discrimination Complaints

July 26, 2005

         
 
July Rulings on Discrimination Complaints

LOUISVILLE - The Kentucky Commission on Human Rights (KCHR) Board of Commissioners approved five conciliation agreements during its monthly meeting today at the Louisville headquarters. 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 21 discrimination complaints, which, after investigation, resulted in findings of no probable cause. The commission dismissed three complaints under reconsideration with findings of no probable cause. The commission accepted one complaint withdrawal with private settlement terms.
Jessica Lindsay v. Tommy Darnell, in Paducah: The complaint alleged discrimination based on sex and retaliation in housing, violations of the Kentucky Civil Rights Act (KRS 344.360 and KRS 344.280, respectively). The complainant alleged while she was renting a house from the respondent, he made sexual advances and that when she was assertive in her refusal to the advances, she received notice she must vacate. The respondent denied any violation of the law, and asserted he gave her notice to vacate for violating the lease agreement by not paying a full deposit. He also asserted he planned to make the house an office. After a determination of probable cause, the two parties agreed to conciliate the matter. Before the respondent could sign the agreement he died after suffering a stroke. The written, unsigned agreement include compensation to the complainant of $5,000, compliance with civil rights law, and participation in Fair Housing compliance training.
Laura Herman v. the Young Men’s Christian Association of Greater Louisville: The complaint alleged discrimination based on disability in public accommodations, a violation of the Kentucky Civil Rights Act (KRS 344.120_. The complainant alleged she was denied a reasonable accommodation, a sign language interpreter, for her disability, deafness, after she signed up for a running class at the YMCA and asked for an interpreter. The respondent denied any violation of the law and asserted it had attempted to provide the accommodation. The parties agreed to conciliate the matter before the investigation was complete. The respondent agreed to provide licensed interpreters for any deaf or hard of hearing client in its 12 branches, when necessary to provide effective communication. The respondent agreed to designate an employee whose duties will include accepting and complying with reasonable accommodations requests for clients with disabilities. The respondent agreed to undergo civil rights compliance training and to report to the commission when the training is complete.
Abeer Bateh v. the Cabinet for Families and Children, in Lexington: The complaint alleged discrimination based on national origin in employment, a violation of the Kentucky Civil Rights Act (KRS 344.040. The complainant alleged she was subjected to harassment and discharged due to her national origin, Arabic. The respondent denied any violation of the law and asserted its actions were based on legitimate business decision. The parties agreed to conciliate the matter before the investigation was complete. The respondent agreed to compensate the complainant in the amount of $5,000, provide a neutral job reference, including that the complainant is eligible for rehire by the Commonwealth of Kentucky, undergo civil rights law compliance training, and report to the commission with regard to compliance for three years.
KCHR Commissioner Richard Brown v. One Force Staffing, in Covington:
The complaint alleged discrimination based on sex in employment, a violation of the Kentucky Civil Rights Act (KRS 344.020 and KRS 344.040). The complainant alleged the respondent recruited, procured or employed gender specific employees through a staffing agency. The respondent denied all allegations. The parties agreed to conciliate the matter, and the respondent agreed to comply with civil rights law, adopt policies or enforce existing policies prohibiting discrimination and to disseminate the policies to employees. The respondent will report for one year to the commission and attend civil rights compliance training.
KCHR Commissioner Richard Brown v. Aztec Flooring Inc., in Louisville:
The complaint alleged discrimination based on sex in employment, a violation of the Kentucky Civil Rights Act (KRS 344.020 and KRS 344.040). The complainant alleged the respondent recruited, procured or employed gender specific employees through a staffing agency. The respondent denied all allegations. The parties agreed to conciliate the matter, and the respondent agreed to comply with civil rights law, adopt policies or enforce existing policies prohibiting discrimination and to disseminate the policies to employees. The respondent will report for one year to the commission and attend civil rights compliance 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, financial transactions, and private clubs. The Kentucky Civil Rights Act prohibits discrimination on the basis of race, color, religion, national origin, sex, familial status in housing, disability, age (40 or over) in employment, and 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.