Enforcement.
(1) An individual claiming to be aggrieved by an unlawful practice other than a
discriminatory housing practice, a member of the commission, or the Attorney
General may file with the commission a written sworn complaint stating that an
unlawful practice has been committed, setting forth the facts upon which the
complaint is based, and setting forth facts sufficient to enable the commission to
identify the persons charged (referred to as the respondent in this section, KRS
344.210, 344.230, and 344.240). The commission shall make reasonable
accommodations to assist persons with disabilities in filing a written sworn
complaint. The commission staff or a person designated pursuant to its
administrative regulations shall promptly investigate the allegations of unlawful
practice set forth in the complaint and shall within five (5) days furnish the
respondent with a copy of the complaint. The complaint must be filed within one
hundred eighty (180) days after the alleged unlawful practice occurs.
(2) The commission or an individual designated pursuant to its administrative
regulations shall determine within thirty (30) days after the complaint has been filed
whether there is probable cause to believe the respondent has engaged in an
unlawful practice. If it is determined that there is no probable cause to believe that
the respondent has engaged in an unlawful practice, the commission shall issue an
order dismissing the complaint and shall furnish a copy of the order to the
complainant, the respondent, the Attorney General, and any other public officers
and persons that the commission deems proper.
(3) The complainant, within ten (10) days after receiving a copy of the order dismissing
the complaint, may file with the commission an application for reconsideration of
the order. Upon receiving a reconsideration application, the commission or an
individual designated pursuant to administrative regulation shall make a new
determination within ten (10) days whether there is probable cause to believe that
the respondent has engaged in an unlawful practice. If it is determined that there is
no probable cause to believe that the respondent has engaged in an unlawful
practice, the commission shall issue an order dismissing the complaint and
furnishing a copy of the order to the complainant, the respondent, the Attorney
General, and any other public officers and persons that the commission deems
proper.
(4) If the staff determines, after investigation, or if the commission determines after the
review provided for in subsection (3) of this section that there is probable cause to
believe that the respondent has engaged in an unlawful practice, the commission
staff shall endeavor to eliminate the alleged unlawful practice by conference,
conciliation, and persuasion. The terms of a conciliation agreement reached with a
respondent may require him to refrain from the commission of unlawful
discriminatory practices in the future and make any further provisions as may be
agreed upon between the commission or its staff and the respondent. If a
conciliation agreement is entered into, the commission shall issue and serve on the
complainant an order stating its terms. A copy of the order shall be delivered to the
respondent, the Attorney General, and any other public officers and persons that the
commission deems proper. Except for the terms of the conciliation agreement,
neither the commission nor any officer or employee thereof shall make public,
without the written consent of the complainant and the respondent, information
concerning efforts in a particular case to eliminate an unlawful practice by
conference, conciliation, or persuasion whether or not there is a determination of
probable cause or a conciliation agreement.
(5) At the expiration of one (1) year from the date of a conciliation agreement, and at
other times in its reasonable discretion, the commission staff may investigate
whether the terms of the agreement have been and are being complied with by the
respondent. Upon a finding that the terms of the agreement are not being complied
with by the respondent, the commission shall take whatever action it deems
appropriate to assure compliance.
(6) At any time after a complaint is filed, the commission may file an action in the
Circuit Court in a county in which the subject of the complaint occurs, or in a
county in which a respondent resides or has his principal place of business, seeking
appropriate temporary relief against the respondent, pending final determination of
proceedings including an order or decree restraining him from doing or procuring
any act tending to render ineffectual any order the commission may enter with
respect to the complaint. The court shall have power to grant temporary relief or a
restraining order as it deems just and proper.
(7) Nothing in this section shall apply to any discriminatory housing practice.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 40, sec. 1, effective June 24, 2015. -- Amended
1996 Ky. Acts ch. 318, sec. 317, effective July 15, 1996. -- Amended 1992 Ky. Acts
ch. 282, sec. 14, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 311, sec. 2. -
- Amended 1974 Ky. Acts ch. 187, sec. 2. -- Amended 1972 Ky. Acts ch. 255, sec.
11. -- Amended 1968 Ky. Acts ch. 167, sec. 9. -- Created 1966 Ky. Acts ch. 2, Art. 5,
sec. 503.
Notes of Decisions
Kentucky Comm'n on Human Rights v. Fraser, 625 S.W.2d 852 (Ky. 1981).
· cites it 4× “KRS 344.200, et seq. Written complaints of alleged discrimination are investigated by the staff of the Commission on Human Rights, after which, if "probable cause" is found, resolution is sought through conference and conciliation.”
Owen v. Univ. of Kentucky, 486 S.W.3d 266 (Ky. 2016).
· cites it 2× “KRS 344.200. . Antonin Scalia and Bryan A- Garner, Reading Law: The Interpretation of Legal Texts 56 (2012).”
Democratic Party of Kentucky v. Graham, 976 S.W.2d 423 (Ky. 1998).
· cites it 4× “360(1) (Board of Accountancy-accountant discipline); KRS 344.200(2) (Comm'n on Human Rights-civil rights violations); and, KRS 344.”
Canamore v. Tube Turns Div. of Chemetron Corp., 676 S.W.2d 800 (Ky. Ct. App. 1984).
· cites it 6× “Such an order is required by KRS 344.200 to be issued within thirty days of the filing of the complaint with the commission “[i]f it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice.”
Brown v. Diversified Decorative Plastics, LLC, 103 S.W.3d 108 (Ky. Ct. App. 2003).
· cites it 4× “We noted that a discrimination complaint could be filed with the Commission pursuant to KRS 344.200 or, alternatively, a complaint alleging discrimination could be filed as a civil action for damages in circuit court pursuant to KRS 344.”
Dep't of Corr. v. Furr, 23 S.W.3d 615 (Ky. 2000).
· cites it 2× “KRS 344.200; KRS 344.230(2), (3). The civil remedy is set forth in KRS 344.”
Wilson v. Lowe's Home Ctr., 75 S.W.3d 229 (Ky. Ct. App. 2001).
“A party claiming discrimination may file a complaint with the KCHR pursuant to KRS 344.200. The complainant may be awarded damages, which include “compensation for humiliation and embarrassment,” under KRS 344.”
Curtis v. Belden Elec. Wire & Cable, 760 S.W.2d 97 (Ky. Ct. App. 1988).
· cites it 5× “Appellant argued below and on appeal that the trial court erred by not finding that the Commission had violated KRS 344.200(2). That statute requires the Commission to make a determination within thirty days from the date a complaint is filed whether there is probable cause to…”
Clifton v. Midway Coll., 702 S.W.2d 835 (Ky. 1986).
· cites it 2× “The only time limitation is the 180 days for filing complaints found in KRS 344.200(1). This limitation is obviously a procedural requirement only for invoking the administrative process.”
Vaezkoroni v. Domino's Pizza, Inc., 914 S.W.2d 341 (Ky. 1995).
· cites it 2× “For example, 190-83 § 2-32(1) states: The Commission shall follow the same procedures as the Kentucky Commission on Human Rights as set forth in KRS 344.200(6), pending final determination of proceedings hereunder; 344.”
— Ky. Rev. Stat. § 344.200(1) — 4 cases
Clifton v. Midway Coll., 702 S.W.2d 835 (Ky. 1986).
“The only time limitation is the 180 days for filing complaints found in KRS 344.200(1). This limitation is obviously a procedural requirement only for invoking the administrative process.”
Brown v. Diversified Decorative Plastics, LLC, 103 S.W.3d 108 (Ky. Ct. App. 2003).
“We noted that a discrimination complaint could be filed with the Commission pursuant to KRS 344.200 or, alternatively, a complaint alleging discrimination could be filed as a civil action for damages in circuit court pursuant to KRS 344.”
— Ky. Rev. Stat. § 344.200(2) — 4 cases
Democratic Party of Kentucky v. Graham, 976 S.W.2d 423 (Ky. 1998).
“360(1) (Board of Accountancy-accountant discipline); KRS 344.200(2) (Comm'n on Human Rights-civil rights violations); and, KRS 344.”
Canamore v. Tube Turns Div. of Chemetron Corp., 676 S.W.2d 800 (Ky. Ct. App. 1984).
“Such an order is required by KRS 344.200 to be issued within thirty days of the filing of the complaint with the commission “[i]f it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice.”
Curtis v. Belden Elec. Wire & Cable, 760 S.W.2d 97 (Ky. Ct. App. 1988).
“Appellant argued below and on appeal that the trial court erred by not finding that the Commission had violated KRS 344.200(2). That statute requires the Commission to make a determination within thirty days from the date a complaint is filed whether there is probable cause to…”
— Ky. Rev. Stat. § 344.200(3) — 2 cases
Owen v. Univ. of Kentucky, 486 S.W.3d 266 (Ky. 2016).
“KRS 344.200. . Antonin Scalia and Bryan A- Garner, Reading Law: The Interpretation of Legal Texts 56 (2012).”
Curtis v. Belden Elec. Wire & Cable, 760 S.W.2d 97 (Ky. Ct. App. 1988).
“Appellant argued below and on appeal that the trial court erred by not finding that the Commission had violated KRS 344.200(2). That statute requires the Commission to make a determination within thirty days from the date a complaint is filed whether there is probable cause to…”
— Ky. Rev. Stat. § 344.200(4) — 2 cases
Canamore v. Tube Turns Div. of Chemetron Corp., 676 S.W.2d 800 (Ky. Ct. App. 1984).
“Such an order is required by KRS 344.200 to be issued within thirty days of the filing of the complaint with the commission “[i]f it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice.”
— Ky. Rev. Stat. § 344.200(6) — 2 cases
Vaezkoroni v. Domino's Pizza, Inc., 914 S.W.2d 341 (Ky. 1995).
“For example, 190-83 § 2-32(1) states: The Commission shall follow the same procedures as the Kentucky Commission on Human Rights as set forth in KRS 344.200(6), pending final determination of proceedings hereunder; 344.”
— Ky. Rev. Stat. § 344.200(7) — 1 case
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