Ky. Rev. Stat. » Chapter 344

Ky. Rev. Stat. § 344.010

Definitions for chapter

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In this chapter: (1) "Person" includes one (1) or more individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, fiduciaries, receivers, or other legal or commercial entity; the state, any of its political or civil subdivisions or agencies. (2) "Commission" means the Kentucky Commission on Human Rights. (3) "Commissioner" means a member of the commission. (4) "Disability" means, with respect to an individual: (a) A physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. Persons with current or past controlled substances abuse or alcohol abuse problems and persons excluded from coverage by the Americans with Disabilities Act of 1990 (P.L. 101-336) shall be excluded from this section. (5) "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under this chapter. (6) "Real property" includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above. (7) "Housing accommodations" includes improved and unimproved property and means any building, structure, lot or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied as the home or residence of one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building or structure. (8) "Real estate operator" means any individual or combination of individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, or other legal or commercial entity, the county, or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting, or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate; or an individual employed by or acting on behalf of any of these. (9) "Real estate broker" or "real estate salesman" means any individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds himself out as engaged in these activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance upon a transfer of real estate, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, exchange, rental, or lease of real estate through its listing in a publication issued primarily for this purpose; or any person employed by or acting on behalf of any of these. (10) "Financial institution" means bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed by or acting on behalf of any of these. (11) "Licensing agency" means any public or private organization which has as one (1) of its duties the issuing of licenses or the setting of standards which an individual must hold or must meet as a condition to practicing a particular trade or profession or to obtaining certain employment within the state or as a condition to competing effectively with an individual who does hold a license or meet the standards. (12) "Credit transaction" shall mean any open or closed end credit transaction whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the course of the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations, or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or services therefrom may be deferred. (13) "To rent" means to lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (14) "Family" includes a single individual. (15) (a) "Familial status" means one (1) or more individuals who have not attained the age of eighteen (18) years and are domiciled with: 1. A parent or another person having legal custody of the individual or individuals; or 2. The designee of a parent or other person having custody, with the written permission of the parent or other person. (b) The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. (16) "Discriminatory housing practice" means an act that is unlawful under KRS 344.360, 344.367, 344.370, 344.380, or 344.680. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 282, sec. 1, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 245, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 104, sec. 1. -- Amended 1972 Ky. Acts ch. 255, sec. 1. -- Amended 1968 Ky. Acts ch. 167, sec. 1. -- Created 1966 Ky. Acts ch. 2, Art. 2, sec. 201.

Notes of Decisions
Cited in 155 cases (75 in the last 5 years), 1977–2026 · leading case: Laferty v. United Parcel Service, Inc.
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Laferty v. United Parcel Service, Inc. (2016) kywd · cites it 24× “, alleging UPS failed to accommodate his disability as required by the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. § 344.010, et seq. UPS removed Laferty’s action to this Court.”
Brooks v. Lexington-Fayette Urban County Housing Authority (2004) ky · cites it 8× “" KRS 344.010(1). Thus, a persuasive argument is made that individuals can be held liable for unlawful retaliation under KRS 344.”
Ammerman v. Bd. of Educ., Nicholas County (2000) ky · cites it 12× “Appellants sought damages based upon *796 the conduct of Harry Spickler, a co-worker and teacher at the Nicholas County Elementary School from 1977 until 1993, in a variety of claims sounding in contract, tort, and statutory violation, including violation of KRS 344.010 et seq.,…”
Howard Baer, Inc. v. Schave (2003) ky · cites it 6× “Here, a reasonable jury could have found that Schave was regarded as being unable to perform a broad range of jobs. Accordingly, I feel that the jury had substantial evidence to conclude that Baer regarded Schave as disabled under the Kentucky Civil Rights Act and that decision…”
Baum v. Metro Restoration Services, Inc. (2017) kywd · cites it 22× “, the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. Ann. § 344.010 et seq., and the Kentucky Equal Opportunities Act (KEOA), Ky.”
Larison v. Home of the Innocents (2018) kyctapp · cites it 4× “030 provides: "Qualified individual with a disability" means an individual with a disability as defined in KRS 344.010 who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires unless an…”
Kimel v. Florida Board of Regents (2000) scotus · cites it 2× “1998); Ky. Rev. Stat. Ann. § 344.010 et seq. (Michie 1997 and Supp.”
Department of Corrections v. Furr (2000) ky · cites it 6× “The very definition of "person" as adopted by our General Assembly specifically names the state as an employer for purposes of KRS Chapter 344, thus effecting a waiver of sovereign immunity by "overwhelming implication.”
Watts v. Lyon County Ambulance Service (2014) kywd · cites it 6× “§ 3730 ; Count 3: sex discrimination and/or creation of a hostile work environment in violation of the Kentucky Civil Rights Act, Ky.Rev.Stat. § 344.010 et seq.; Count 4: breach of contract; Count 5: slander; Count 6: civil conspiracy; Count 7: tortious interference with a…”
Hallahan v. the Courier Journal (2004) kyctapp · cites it 2× “3d 589 (2003), the Kentucky Supreme Court applied the Toyota Motor analysis in finding that Schave failed to show that his employer regarded him as substantially limited in any major life activities under KRS 344.010 because of a shoulder impairment that limited his ability to…”
Brown v. Humana Insurance (2013) kywd · cites it 4× “Specifically, Brown advances two claims: (1) HIC discriminated against her on the basis of her perceived disability, in violation of the Kentucky Civil Rights Act (“KCRA”), KRS § 344.010 et seq., and (2) HIC terminated her in retaliation for taking approved leave pursuant to the…”
Adkins v. Excel Mining, LLC (2016) kyed · cites it 4× “”); KRS § 344.010(4) (excluding from the KCRA any person that the ADA excludes).”
Show all 155 citing cases →
— Ky. Rev. Stat. § 344.010(1) — 17 cases
Brooks v. Lexington-Fayette Urban County Housing Authority (2004) ky “" KRS 344.010(1). Thus, a persuasive argument is made that individuals can be held liable for unlawful retaliation under KRS 344.”
Department of Corrections v. Furr (2000) ky “The very definition of "person" as adopted by our General Assembly specifically names the state as an employer for purposes of KRS Chapter 344, thus effecting a waiver of sovereign immunity by "overwhelming implication.”
Bank One, Kentucky, N.A. v. Murphy (2001) ky
Ammerman v. Bd. of Educ., Nicholas County (2000) ky “Appellants sought damages based upon *796 the conduct of Harry Spickler, a co-worker and teacher at the Nicholas County Elementary School from 1977 until 1993, in a variety of claims sounding in contract, tort, and statutory violation, including violation of KRS 344.010 et seq.,…”
Gati v. W. Ky. Univ. (2017) kywd
— Ky. Rev. Stat. § 344.010(11) — 2 cases
Conner v. Patton (2004) kyctapp
Sanders v. Main Event Entertainment (2024) kywd
— Ky. Rev. Stat. § 344.010(2) — 4 cases
Brown v. Diversified Decorative Plastics, LLC (2003) kyctapp
Vaezkoroni v. Domino's Pizza, Inc. (1995) ky
Canamore v. Tube Turns Division of Chemetron Corp. (1984) kyctapp
McKissic v. Commonwealth Transportation Cabinet (2010) kyctapp
— Ky. Rev. Stat. § 344.010(4) — 43 cases
Larison v. Home of the Innocents (2018) kyctapp “030 provides: "Qualified individual with a disability" means an individual with a disability as defined in KRS 344.010 who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires unless an…”
Howard Baer, Inc. v. Schave (2003) ky “Here, a reasonable jury could have found that Schave was regarded as being unable to perform a broad range of jobs. Accordingly, I feel that the jury had substantial evidence to conclude that Baer regarded Schave as disabled under the Kentucky Civil Rights Act and that decision…”
Adkins v. Excel Mining, LLC (2016) kyed “”); KRS § 344.010(4) (excluding from the KCRA any person that the ADA excludes).”
Hallahan v. the Courier Journal (2004) kyctapp “3d 589 (2003), the Kentucky Supreme Court applied the Toyota Motor analysis in finding that Schave failed to show that his employer regarded him as substantially limited in any major life activities under KRS 344.010 because of a shoulder impairment that limited his ability to…”
Laferty v. United Parcel Service, Inc. (2016) kywd “, alleging UPS failed to accommodate his disability as required by the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. § 344.010, et seq. UPS removed Laferty’s action to this Court.”
— Ky. Rev. Stat. § 344.010(4)(a) — 8 cases
Laferty v. United Parcel Service, Inc. (2016) kywd “, alleging UPS failed to accommodate his disability as required by the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. § 344.010, et seq. UPS removed Laferty’s action to this Court.”
Baum v. Metro Restoration Services, Inc. (2017) kywd “, the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. Ann. § 344.010 et seq., and the Kentucky Equal Opportunities Act (KEOA), Ky.”
Howard Baer, Inc. v. Schave (2003) ky “Here, a reasonable jury could have found that Schave was regarded as being unable to perform a broad range of jobs. Accordingly, I feel that the jury had substantial evidence to conclude that Baer regarded Schave as disabled under the Kentucky Civil Rights Act and that decision…”
Pawley v. Bel Brands USA, Inc. (2019) kywd
Janice Hamilton v. Louisville & Jefferson County Metropolitan Sewer District (2024) kyctapp
— Ky. Rev. Stat. § 344.010(4)(b) — 3 cases
Laferty v. United Parcel Service, Inc. (2016) kywd “, alleging UPS failed to accommodate his disability as required by the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. § 344.010, et seq. UPS removed Laferty’s action to this Court.”
Pawley v. Bel Brands USA, Inc. (2019) kywd
Koch v. Thames Healthcare Group, LLC (2020) kywd
— Ky. Rev. Stat. § 344.010(4)(c) — 6 cases
Baum v. Metro Restoration Services, Inc. (2017) kywd “, the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. Ann. § 344.010 et seq., and the Kentucky Equal Opportunities Act (KEOA), Ky.”
Laferty v. United Parcel Service, Inc. (2016) kywd “, alleging UPS failed to accommodate his disability as required by the Kentucky Civil Rights Act (KCRA), Ky. Rev. Stat. § 344.010, et seq. UPS removed Laferty’s action to this Court.”
Norton Healthcare, Inc. v. Joyce Turner (2021) kyctapp
Gravity Diagnostics, LLC v. Kevin Berling (2023) kyctapp
Janice Hamilton v. Louisville & Jefferson County Metropolitan Sewer District (2024) kyctapp
— Ky. Rev. Stat. § 344.010(5) — 5 cases
Brooks v. Lexington-Fayette Urban County Housing Authority (2004) ky “" KRS 344.010(1). Thus, a persuasive argument is made that individuals can be held liable for unlawful retaliation under KRS 344.”
American General Life & Accident Insurance Co. v. Hall (2002) ky
Tiller v. University of Kentucky (2001) kyctapp
Matt E. Miniard v. Heather Silvanik (2023) kyctapp
Ward v. Blue Canyon Property Management LLC (2025) kywd
— Ky. Rev. Stat. § 344.010(7) — 1 case
Middlesboro Housing Authority v. Kentucky Commission on Human Rights (1977) kyctapp
— Ky. Rev. Stat. § 344.010(8) — 1 case
Commonwealth of Kentucky Commission on Human Rights v. Fincastle Heights Mutual Ownership Corp. (2021) kyctapp
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