Commission on Human Rights
Laurel Cookie Factory ordered to award damages disabled former employee

Laurel Cookie Factory ordered to award damages disabled former employee

Hearing loss not grounds for dismissal

The Kentucky Commission on Human Rights (KCHR) Board of Commissioners on June 20, 2006, found that a Laurel County Kentucky business discriminated against a local man, withdrawing a job offer upon learning he had a hearing impairment.

The KCHR ruled in favor of  Walter Combs after its investigation discovered that hearing is not an essential function to the job at the factory. Moreover, employees on the factory floor are required to wear ear plugs.

The Laurel Cookie Factory had just offered temporary employee Walter Combs a permanent position on the factory floor, but when the company physical exam revealed a hearing loss, management withdrew the offer and terminated Mr. Combs’ temporary job.

In the case of Combs v. The Laurel Cookie Factory, KCHR No. 5449-E, Mr. Combs was awarded $3,000 for humiliation and embarrassment and $1,200 for lost wages and benefits.

Mr. Combs was initially sent to work at the cookie company in March 2004 by an employment agency called the Job Shop. He worked as a cookie packer for about four weeks, and his work was continually evaluated as satisfactory.

When the company learned of his hearing disability, and the permanent job offer was withdrawn, Mr. Combs brought a complaint against the factory under the Kentucky Civil Rights Act (KRS 344.040) on grounds that he was discriminated against in employment because of his disability. Disability is one of the protected classes in the law against discrimination and enforced by the state human rights commission.

The commission held a hearing on Oct. 4, 2005, in Laurel County . The hearing officer issued Findings of Fact, Conclusions of Law, and a Recommendation Order on May 24, 2006, in favor of Mr. Combs.

The commission board ruled to accept the hearing officer’s recommendations and ordered the factory to pay the damages, lost wages and benefits for the unlawful practice of disability discrimination.
The Kentucky Commission on Human Rights is the state agency charged with enforcing the Kentucky Civil Rights Act and working to eradicate discrimination. The civil rights law (KRS 344.310) authorizes the establishment of local commissions to help provide direct access and assistance to communities on the local level.

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.