or housing.
(1) Nothing contained in KRS 207.130 to 207.240 shall be construed to prevent an
employer from making any preemployment inquiry about the existence of an
applicant's disability and about the extent to which that disability has been
overcome by treatment, medication, appliances, or other rehabilitation.
(2) Nothing contained in KRS 207.130 to 207.240 shall be construed to prohibit the
rejection of an applicant for employment or housing on the basis of:
(a) A physical disability which interferes with a person's ability to adequately
perform assigned job duties;
(b) Any disability which is not demonstrable by medically accepted clinical or
laboratory diagnostic techniques, including, but not limited to, alcoholism,
drug addiction, and obesity; or
(c) Any communicable disease, either carried by, or afflicting the applicant.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 64, effective July 15, 1994. -- Created
1976 Ky. Acts ch. 280, sec. 3.
Notes of Decisions
Marion Hughes v. UPS Supply Chain Solutions, Inc. (Ky. Ct. App. 2025).
“In turn, and read in pari materia with other provisions of the KEOA, a disability that “restricts that individual’s ability to engage in the particular job or occupation” means a disability that cannot be “overcome by treatment, medication, appliances, or other…”
UPS Supply Chain Solutions, Inc. v. Marion Hughes (Ky. Ct. App. 2025).
“In turn, and read in pari materia with other provisions of the KEOA, a disability that “restricts that individual’s ability to engage in the particular job or occupation” means a disability that cannot be “overcome by treatment, medication, appliances, or other…”
— Ky. Rev. Stat. § 207.140(1) — 2 cases
Marion Hughes v. UPS Supply Chain Solutions, Inc. (Ky. Ct. App. 2025).
“In turn, and read in pari materia with other provisions of the KEOA, a disability that “restricts that individual’s ability to engage in the particular job or occupation” means a disability that cannot be “overcome by treatment, medication, appliances, or other…”
UPS Supply Chain Solutions, Inc. v. Marion Hughes (Ky. Ct. App. 2025).
“In turn, and read in pari materia with other provisions of the KEOA, a disability that “restricts that individual’s ability to engage in the particular job or occupation” means a disability that cannot be “overcome by treatment, medication, appliances, or other…”
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