Commission on Human Rights
Kentucky Commission on Human Rights issues May rulings

LOUISVILLE – The Kentucky Commission on Human Rights Board of Commissioners today issued rulings on a number of complaints. The Commission accepted four conciliation agreements, dismissed 28 cases with findings of no probable cause, accepted two withdrawals with private, undisclosed settlements, and accepted four withdrawals without settlements but with a right to file a private suit.

The conciliation agreements were as follows:

In the matter of Calvin Cambron v. Olymco Inc. in Bardstown, Mr. Cambron filed a discrimination complaint based on the protected class of race, black, and retaliation in the jurisdiction of employment, a violation of The Kentucky Civil Rights Act [KRS 344.040] and The U.S. Civil Rights Act. He alleged his employer fired him and his supervisor at the company’s subsidiary, A to Z Automotive, after Mr. Cambron reported the supervisor for racial harassment. Olymco asserted it discharged the two to reduce its force due to a lack of business at the site. The commission on February 20 issued a probable cause finding. Olymco official Daniel Stallings denied any violations of civil rights laws. The parties decided to conciliate the matter rather than pursue litigation. The respondent agreed to compensate Mr. Cambron in the amount of $1,500 and undergo civil rights compliance training and commission monitoring for three years.

In the two matters of  Michael Godwin v Freedom Hall and Ferol Rowe v Freedom Hall, 937 Phillips Lane in Louisville, Misters Godwin and Rowe filed separate discrimination complaints based on disability in the jurisdiction of public accommodations, a violation of The Kentucky Civil Rights Act [KRS 344.120] and The Americans with Disabilities Act. They alleged they attempted to buy tickets to stadium floor seating, but an employee denied the sale saying that because Mr. Godwin uses a wheelchair he would have to sit in the wheelchair accessible seating. The men explained they had sat in the wheelchair accessible seating on previous occasions and preferred to buy stadium floor seating because they could not see from the accessible seating where people in the section in front of them stood during the events and blocked their view. On June 20, 2007, the commission found probable cause to support the complaint. Freedom Hall denied any violations of civil rights laws. The parties decided to conciliate the matter rather than pursue litigation. Freedom Hall agreed to compensate the complainants in the amount of $2,000, total, grant access to stadium floor seating to people with disabilities, and modify the stadium floor area to increase accessibility. The respondent agreed to undergo civil rights compliance training and commission monitoring for three years.

In the matter of Mickey McAlister v Howard’s Kitchens Inc. d/b/a Waffle House at 1795 Alsheba Way in Lexington, Ky., Mr. McAlister filed a discrimination complaint based on sex and retaliation in the jurisdiction of employment, a violation of The Kentucky Civil Rights Act [KRS 344.040] and The U.S. Civil Rights Act. He alleged that on three occasions the restaurant manager said she would like to have all females work the first shift. Later, the manager terminated Mr. McAlister in January 2007 after he arrived late for work, he said. He alleged he was treated differently than female employees who were late for work yet did not lose their jobs. Further, he said he was retaliated against after requesting coworkers to provide written statements documenting the manager’s comments about moving him to the third shift in order to achieve an all female first shift. The commission on Dec. 17, 2007, found probable cause to support the complaint. Howard’s Kitchen denied any violations of civil rights laws. The parties decided to conciliate the matter rather than pursue litigation. The respondent agreed to compensate the complainant in the amount of $2,000. Howard’s Kitchen owner Patricia Collins of Lexington sold the restaurant and no longer operates restaurants in Kentucky, but agreed that should she establish business in the state, she and her managers will undergo civil rights compliance training and commission monitoring for three years.