Kentucky Revised Statutes

Ky. Rev. Stat. § 207.140 (2026)

Preemployment inquiry -- Basis for rejection of applicant for employment

✓ current as of May 2026
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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
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Marion Hughes v. UPS Supply Chain Solutions, Inc. (Ky. Ct. App. 2025).
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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