As used in KRS 207.140 to 207.240 unless the context otherwise requires:
(1) "Persons" means one (1) or more individuals, partnerships, municipalities, the
state, or other political subdivisions within the state, associations, labor
organizations, or corporations.
(2) "Physical disability" means the physical condition of a person whether
congenital or acquired, which constitutes a substantial disability to that person
and is demonstrable by medically accepted clinical or laboratory diagnostic
techniques.
(3) "Employer" means a person or governmental unit or officer in this state having
in his or its employ eight (8) or more individuals; and any person acting in the
interest of an employer, directly or indirectly.
(4) "Labor organization" means a labor organization and an agent of such an
organization, and includes an organization of any kind, an agency or employee
representation committee, group, association, or plan so engaged in which
employees participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages, rates of
pay, hours, or other terms or conditions of employment, and a conference,
general committee, joint system or board, or joint council so engaged which is
subordinate to a national or international labor organization.
(5) "Unfair employment practice" means an act that is prohibited under KRS
207.150, 207.160 or 207.170.
(6) "Commissioner" means the commissioner of the Department of Workplace
Standards, under the direction and supervision of the secretary of the
Education and Labor Cabinet.
(7) "Department" means the Department of Workplace Standards in the Education
and Labor Cabinet.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 101, effective July 1, 2022. --
Amended 2010 Ky. Acts ch. 24, sec. 304, effective July 15, 2010. -- Amended
1994 Ky. Acts ch. 405, sec. 62, effective July 15, 1994. Amended 1992 Ky.
Acts ch. 282, sec. 44, effective July 14, 1992. -- Amended 1984 Ky. Acts ch.
414, sec. 4, effective July 13, 1984. --Created 1976 Ky. Acts ch. 280, sec. 2.
Notes of Decisions
Hardaway Mgmt. Co. v. Southerland, 977 S.W.2d 910 (Ky. 1998).
· cites it 4× “190, shall recover the costs of the law suit, including a reasonable fee for his attorney of record, all of which shall be in addition to any other remedies contained in KRS 207.130 to 207.240. (Emphasis added.) This provision was enacted along with KRS 207.”
Whitlow v. Kentucky Mfg. Co., 762 S.W.2d 808 (Ky. Ct. App. 1988).
· cites it 9× “This is an appeal from a summary judgment for the appellee, defendant below, in an action brought under the Equal Opportunities Act, KRS 207.130 et seq. On appeal, the principal issue is whether the trial court correctly ruled that there was no genuine issue as to any material…”
Day v. Alcan Aluminum Corp., 675 F. Supp. 1508 (W.D. Ky. 1987).
· cites it 3× “In Count IV of the complaint, the plaintiff alleges discharge because of his handicap in violation of Kentucky’s Equal Opportunity Act, KRS 207.130 et seq. 3 KRS 207.230 creates a right of action to pursue citizen suits: Notwithstanding the provisions of KRS 207.”
Griffith v. Wal-Mart Stores, Inc., 930 F. Supp. 1167 (E.D. Ky. 1996).
· cites it 2× “, the Kentucky Equal Opportunities Act (“KEOA”), KRS 207.130 et seq., and the common law of Kentucky.”
Marion Hughes v. UPS Supply Chain Solutions, Inc. (Ky. Ct. App. 2025).
· cites it 7× “Relevant to Hughes’ arguments, it provides: (1) No employer shall fail or refuse to hire, discharge, or discriminate against any individual with a disability with respect to wages, rates of pay, hours, or other terms and conditions of employment because of the person’s physical…”
UPS Supply Chain Solutions, Inc. v. Marion Hughes (Ky. Ct. App. 2025).
· cites it 7× “Relevant to Hughes’ arguments, it provides: (1) No employer shall fail or refuse to hire, discharge, or discriminate against any individual with a disability with respect to wages, rates of pay, hours, or other terms and conditions of employment because of the person’s physical…”
Simmons v. ALPLA, Inc. (W.D. Ky. 2022).
“See KRS 207.130(2). Without factual allegations describing the nature of any disability he may have, Simmons has not met the pleading standard for his KEOA claim.”
— Ky. Rev. Stat. § 207.130(2) — 2 cases
Whitlow v. Kentucky Mfg. Co., 762 S.W.2d 808 (Ky. Ct. App. 1988).
“This is an appeal from a summary judgment for the appellee, defendant below, in an action brought under the Equal Opportunities Act, KRS 207.130 et seq. On appeal, the principal issue is whether the trial court correctly ruled that there was no genuine issue as to any material…”
Simmons v. ALPLA, Inc. (W.D. Ky. 2022).
“See KRS 207.130(2). Without factual allegations describing the nature of any disability he may have, Simmons has not met the pleading standard for his KEOA claim.”
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