Commission on Human Rights
May 2006 Rulings of the Kentucky Commission on Human Rights

May 17, 2006
         
 
May Rulings of the Kentucky Commission on Human Rights

LOUISVILLE – The Kentucky Commission on Human Rights (KCHR) Board of Commissioners today approved three 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 board dismissed 17 discrimination cases with findings of no probable cause and accepted five complaint withdrawals without settlement and with a right to sue.  

 
Claude Able Jr. and Donald Craft v Alpha Machine and Tool Inc., in Louisville: In two separate complaints, the complainants alleged discrimination based on race and retaliation in employment, violations of the Kentucky Civil Rights Act (KRS 344.040 and KRS 344.280, respectively) and the U.S. Civil Rights Act. Mr. Able, who is white, alleged a supervisor made racist comments in his and other white employees’ presence, and that less than 10 days later, Mr. Craft, who is black, was fired for what the employer asserted was a breach of workplace policy. Mr. Craft said he protested his firing after which the owner investigated. Mr. Able said that in the investigation, when asked by management, he admitted to hearing the supervisor’s racist comments. Three days later, Mr. Able says he was fired for what employers asserted was a lack of work. During the course of investigation, KCHR found probable cause to believe that discrimination occurred. The respondent denied all allegations of violations of the law. Prior to further litigation, the parties agreed to conciliate the matter, and the respondent agreed to compensate the complainants in the amount of $10,000 ($5,000 each), undergo civil rights compliance training, and undergo compliance monitoring by KCHR for three years.

 
Lisa Grubbs v Extendicare Homes Inc., in Cadiz: The complaint alleged discrimination based on sex in employment, a violation of the Kentucky Civil Rights Act (KRS 344.040) and the U.S. Civil Rights Act. The complainant claimed she was fired because she was a pregnant female. The respondent denied all allegations of discrimination and asserted the complainant was fired for failing to return after a leave of absence. During the course of investigation, the parties agreed to conciliate the matter, and the respondent agreed to compensate Ms. Grubbs in the amount of $3,000, undergo compliance training, and post for employees legal information about the right to equal opportunity in employment.

Lindsay Miracle v Shelton and Susan Bailey d/b/a Crossroads Market, in Liberty: The complaint alleged discrimination based on sex in employment, a violation of the Kentucky Civil Rights Act (KRS 344.040) and the U.S. Civil Rights Act. Ms. Miracle alleged her employers told her they were terminating her because she was pregnant. During the investigation, KCHR found probable cause to believe discrimination occurred. The respondents denied all allegations of discrimination. Prior to further litigation, the parties agreed to conciliate the matter, and the respondents agreed to compensate Ms. Miracle in the amount of $3,200, undergo civil rights compliance training, and undergo KCHR compliance monitoring for two years.

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.