Commission on Human Rights
Discrimination complaint rulings for the month of October
Rulings on Discrimination Complaints for October
The Kentucky Commission on Human Rights Board of Directors met yesterday to rule on discrimination complaints on behalf of the Commonwealth of Kentucky. The commission ruled to accept one conciliation agreement and dismiss 17 complaints with findings of no probable cause to believe discrimination occurred. The body ruled to accept one case withdrawal resolved with an undisclosed settlement between the complainant and respondent. Conciliation agreements are negotiated by commission staff between the complainant and respondent to resolve a complaint without pursuing litigation. The agreements are similar to settlements.
In the case of the Lexington Fair Housing Council Inc. v. Christopher Derieth in Fayette County, the Fair Housing Council alleged discrimination based on familial status in the jurisdiction of housing, a violation of the Kentucky Civil Rights Act (KRS 344.360, KRS 344.280 and the Fair Housing Act of 1968 as amended.
The council alleged Derieth published the following ad for rental property in Fayette County on the Craig List website, "no indoor pets, children, drinking or drugs." The advertisement ran since May 13, 2010 to the time the council filed the complaint with the Kentucky Commission on Human Rights. The Kentucky Civil Rights Act, which includes the Fair Housing law, and the U.S. Fair Housing Act, prohibits discrimination against families who have children under the age of 18. Among other stipulations, the law prohibits landlords, rental entities, and media outlets from placing advertisements stating that children are not allowed.
Derieth denied all violations of discrimination and asserted he did place the ad but did not know it was unlawful.
Before the commission made a determination, the parties agreed to conciliate the matter. The respondent agreed to make a $200 donation to Florence Crittenden Home, a charity that provides support to families with children. He agreed to undergo civil rights compliance training and compliance monitoring by the commission.
The Kentucky Commission on Human Rights is the state enforcement authority of the Kentucky Civil Rights Act and federal civil rights laws. The Kentucky Civil Rights Act protects people from discrimination based on the protected classes of race, color, religion, national origin, sex, age, disability, familial status and tobacco smoking status. The law applies with varying requirements to the jurisdictions of employment, public accommodations, housing and financial transactions. The commission has the authority to investigate private club memberships for discrimination under the Kentucky Tax Code.