Commission on Human Rights
KY Human Rights Commission May 2010 rulings on discrimination cases
LOUISVILLE – The Kentucky Commission on Human Rights Board of Commissioners today at its monthly meeting ruled to conciliate one discrimination case from Pikeville, Ky. The commission dismissed 18 discrimination complaints with findings of no probable cause to believe discrimination occurred, accepted four complaint withdrawals without settlements but with the right to file private suits, and accepted six withdrawals resolved with private settlements.
Michael Smith v. the Housing Authority of Pikeville and Sean Gilbert: In his complaint based on the protected class of Disability in the area of Housing, Michael Smith alleged that his landlord, Sean Gilbert, discriminated against Smith by refusing to provide a reasonable accommodation for a disability, that of transferring Smith to a wheelchair accessible apartment from his non-accessible apartment. This would be a violation of the Kentucky Civil Rights Act (KRS 344.360 and KRS 344.280) and the United States Fair Housing Act. Gilbert denied any violations of the law and asserted he was requiring Smith to first provide housekeeping for his current apartment before Smith would be allowed to have a unit with disability access. During the course of the state Human Rights Commission investigation, the parties agreed to settle the matter through a conciliation agreement. Gilbert agreed to replace the carpet in the complainant's apartment with hard flooring and undergo civil rights compliance training and monitoring for one year.
The Kentucky Commission on Human Rights is the state government agency that enforces the Kentucky Civil Rights Act and federal civil rights laws. These laws protect people from discrimination based on race, color, national origin, religion, sex, age, disability, familial status, and tobacco smoking status. The protections apply with varying requirements to the areas of employment, public accommodations, housing, and financial transactions.
Any member of the public who believes he or she may be a victim of illegal discrimination in the Commonwealth of Kentucky may contact the Kentucky Commission on Human Rights to file a discrimination complaint at (502) 595-4024 or 1 (800) 292-5566.