kcra claim (Kentucky) · Go Syfert
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kcra claim in Kentucky

6 Kentucky opinions name it 2 courts 2009–2023 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Little v. Whitehousegreen
kyctapphigh · 1964 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Even with an expansive interpretation of the issues listed, Appellants did not raise the KCRA issue in their Prehearing Statement. -8- Additionally, the circuit court did not address this issue below. “[A] party is not entitled to raise an error on appeal if he has not called the error to the attention of the trial court and given that court an opportunity to correct it.” Little v. Whitehouse, 384 S.W.2d 503, 504 (Ky. 1964) (citation omitted).

11
Marilyn H. WILLIAMS, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appelleegreen
ca6 · 1999 · cited in 1 Kentucky opinions naming this issue, 2017–2017
2 sentences

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

11
Banker v. University of Louisville Athletic Ass'ngreen
ky · 2015 · cited in 1 Kentucky opinions naming this issue, 2017–2017
2 sentences

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

11
McDonnell Douglas Corp. v. Greengreen
scotus · 1973 · cited in 1 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016See also Gibson v. Finish Line, Inc. of Delaware, 261 F.Supp.2d 785, 789-90 (W.D.Ky. 2003) (To establish a KCRA violation, plaintiff must prove the same elements required for a prima facie discrimination claim under Title VII; therefore, Kentucky courts often look to interpretation of federal law for guidance in applying the KCRA). . 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). .

2016See also Gibson v. Finish Line, Inc. of Delaware, 261 F.Supp.2d 785, 789-90 (W.D.Ky. 2003) (To establish a KCRA violation, plaintiff must prove the same elements required for a prima facie discrimination claim under Title VII; therefore, Kentucky courts often look to interpretation of federal law for guidance in applying the KCRA). . 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). .

11
Gibson v. FINISH LINE INC. OF DELAWAREgreen
kywd · 2003 · cited in 1 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016See also Gibson v. Finish Line, Inc. of Delaware, 261 F.Supp.2d 785, 789-90 (W.D.Ky. 2003) (To establish a KCRA violation, plaintiff must prove the same elements required for a prima facie discrimination claim under Title VII; therefore, Kentucky courts often look to interpretation of federal law for guidance in applying the KCRA). . 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). .

2016See also Gibson v. Finish Line, Inc. of Delaware, 261 F.Supp.2d 785, 789-90 (W.D.Ky. 2003) (To establish a KCRA violation, plaintiff must prove the same elements required for a prima facie discrimination claim under Title VII; therefore, Kentucky courts often look to interpretation of federal law for guidance in applying the KCRA). . 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Noel v. Elk Brand Manufacturing Co. green
kyctapp · 2000
2 sentences

2021Importantly, we encounter no language in the KCRA suggesting legislative intent to protect 25 Noel, 53 S.W.3d at 106 . (“Since the purpose of the Kentucky Civil Rights Act with respect to individuals with disabilities is to adopt the policies of the ADA at the state level and safeguard those individuals from discrimination, the interpretations of the ADA which place the initial burden of proposing reasonable accommodations on the employee should also apply to KRS 344.030(1).”) 26 Id. 27Id. at 105–06. (“A question that arises is whether KRS 344.030(1), which defines a ‘qualified person with a d

2021Importantly, we encounter no language in the KCRA suggesting legislative intent to protect 25 Noel, 53 S.W.3d at 106 . (“Since the purpose of the Kentucky Civil Rights Act with respect to individuals with disabilities is to adopt the policies of the ADA at the state level and safeguard those individuals from discrimination, the interpretations of the ADA which place the initial burden of proposing reasonable accommodations on the employee should also apply to KRS 344.030(1).”) 26 Id. 27Id. at 105–06. (“A question that arises is whether KRS 344.030(1), which defines a ‘qualified person with a d

12021–2021
Ammerman v. Bd. of Educ., Nicholas County green
ky · 2000
2 sentences

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

12017–2017
Mazzella v. RCA Global Communications, Inc. green
nysd · 1986
2 sentences

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

12017–2017
Consolidated Gold Fields Plc v. Minorco green
ca2 · 1989
2 sentences

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

2017To make a prima facie case for retaliation, a plaintiff must establish (1) she was engaged in a protected activity; (2) she was disadvantaged by an act of her employer; and (3) there was a causal connection between the activity engaged in and the employer’s treatment of her.18 If the plaintiff is able to put forth a prima facie 14 Mazzella v. RCA Global Communications, Inc., 642 F.Supp. 1531 (S.D.N.Y. 1986) 15 Ammerman v. Board of Education of Nicholas County, 30 S.W.3d 793 (Ky. 2000} 16 Id. (quoting l/Vzlliams v. General Motors Corporation, 187 F.3d 553, 560 (6th Cir. 1999). 17 Carrero v. New

12017–2017
Stringer v. Wal-Mart Stores, Inc. green
ky · 2004
2 sentences

2010While the majority insists the combined damage instructions criticized in Stringer v. Wal-Mart Stores, Inc., 151 S.W.3d 781 (Ky.2004), are distinguishable, and it was perhaps easier to identify specific distinct acts underlying the three tort claims in that case, the principle remains pertinent and, in my view, precludes upholding an award pursuant to the erroneous combined instruction.

2010While the majority insists the combined damage instructions criticized in Stringer v. Wal-Mart Stores, Inc., 151 S.W.3d 781 (Ky.2004), are distinguishable, and it was perhaps easier to identify specific distinct acts underlying the three tort claims in that case, the principle remains pertinent and, in my view, precludes upholding an award pursuant to the erroneous combined instruction.

12010–2010
American General Life & Accident Insurance Co. v. Hall green
ky · 2002
2 sentences

2009Furthermore, the jury concluded that McDonald’s failed to “exercise! ] reasonable care to prevent and correct promptly any sexually harassing behavior[.]” Id. *288 The fact that Summers and Dockery were not found liable for negligence does not prohibit the same acts from serving as the basis of a KCRA claim.

2009Furthermore, the jury concluded that McDonald’s failed to “exercise! ] reasonable care to prevent and correct promptly any sexually harassing behavior[.]” Id. *288 The fact that Summers and Dockery were not found liable for negligence does not prohibit the same acts from serving as the basis of a KCRA claim.

12009–2009

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 344.040 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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