Commission on Human Rights
Human Rights Commission September Rulings include $50,000 agreement

The Kentucky Commission on Human Rights Board of Directors today ruled to accept a conciliation agreement that compensated an Owensboro, Ky., woman with $50,000.

In complaint number 6622-E – Mary C. Roby versus Sazerac North America Inc., James F. Lyvers and Jay Corbett  – Roby alleged the respondents discriminated against her based on retaliation in the area of employment, a violation of the Kentucky Civil Rights Act (KRS 344.280) and the U.S. Civil Rights Act (42 U.S.C. 20003-3(a).

Roby claimed the respondents retaliated against her after she participated in a sexual harassment investigation involving a complaint made by another employee at Sazerac’s bottling facility in Owensboro. “Mr. Lyvers has singled me out and keeps watch over me,” Roby said.

Roby claimed she followed the internal grievance process the company has in place and that the grievance was denied. After the investigation, Roby alleged Lyvers’ supervisor Jay Corbett did nothing about Lyvers' retaliation and further that Corbett then participated in the retaliation.

After its investigation, the commission issued a probable cause finding, which stated there was evidence to believe discrimination had taken place. On notice of a hearing scheduled for September of this year, the parties agreed to attend mediation at the commission. During the mediation they agreed to a conciliation agreement to resolve the complaint.

In addition to the monetary compensation to Roby, the company agreed to require its employees to undergo civil rights compliance training and submit to compliance monitoring by the commission for three years.

Today, the commission also ruled to dismiss 36 complaints with findings of no probable cause to believe discrimination occurred. The Board accepted five complaint withdrawals for complainants who settled privately with their respondents for undisclosed dollar amounts and terms. The Board accepted three complaint withdrawals without settlement, giving the complainants the right to file civil suits to address their allegations.

The Kentucky Commission on Human Rights is the state government agency that enforces the Kentucky Civil Rights Act and the U.S. Civil Rights Act. The laws make discrimination illegal. They protect people from discrimination based on the protected classes of race, color, age, national origin, religion, sex, disability, familial status and tobacco-smoking status. People are protected from discrimination in the areas of employment, public accommodations, housing and financial transactions.

Anyone needing help with discrimination should contact the Kentucky Commission on Human Rights at 1.800.292.5566. Call for more information about civil rights or visit the website at www.kchr.ky.gov. From there, access the commission’s Facebook and Twitter pages to follow civil rights news.

-30-