(1) If the commission determines that the respondent has not engaged in an unlawful
practice, the commission shall issue a final order in accordance with the provisions
of KRS Chapter 13B dismissing the complaint. A copy of the order shall be
delivered to the complainant, the respondent, the Attorney General, and any other
public officers and persons that the commission deems proper.
(2) If the commission determines that the respondent has engaged in an unlawful
practice, the commission shall issue a final order requiring the respondent to cease
and desist from the unlawful practice and to take affirmative action as in the
judgment of the commission will carry out the purposes of this chapter. A copy of
the final order shall be delivered to the respondent, the complainant, the Attorney
General, and to any other public officers and persons that the commission deems
proper.
(3) Affirmative action ordered under this section may include, but is not limited to:
(a) Hiring, reinstatement, or upgrading of employees with or without back pay.
Interim earnings or amounts earnable with reasonable diligence by the person
or persons discriminated against shall operate to reduce the back pay
otherwise allowable.
(b) Admission or restoration of individuals to union membership, admission to or
participation in a guidance program, apprenticeship training program, on-the-
job training program, or other occupational training or retraining program, and
the utilization of objective criteria in the admission of individuals to such
programs.
(c) Admission of individuals to a place of public accommodation, resort, or
amusement.
(d) The extension to all individuals of the full and equal enjoyment of the
advantages, facilities, privileges, and services of the respondent.
(e) Reporting as to the manner of compliance.
(f) Posting notices in conspicuous places in the respondent's place of business in
form prescribed by the commission.
(g) Sale, exchange, lease, rental, assignment, or sublease of real property to an
individual.
(h) Payment to the complainant of damages for injury caused by an unlawful
practice including compensation for humiliation and embarrassment, and
expense incurred by the complainant in obtaining alternative housing
accommodations and for other costs actually incurred by the complainant as a
direct result of an unlawful practice.
(4) The commission may publish or cause to be published the names of persons who
have been determined to have engaged in an unlawful practice.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 319, effective July 15, 1996. --
Amended 1974 Ky. Acts ch. 187, sec. 3. -- Created 1966 Ky. Acts ch. 2, Art. 5, secs.
505 and 506.
Notes of Decisions
Kentucky Comm'n on Human Rights v. Fraser, 625 S.W.2d 852 (Ky. 1981).
· cites it 19× “" KRS 344.230(2) provides: "If the commission determines that the respondent has engaged in an unlawful practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the unlawful…”
Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814 (Ky. 1992).
“But the issue in Fraser was not the right to trial by jury in a court action, but the constitutionality of “allowing the Commission [the Kentucky Commission on Human Rights] to award compensatory damages for embarrassment and humiliation” as elsewhere provided for in the Act in…”
Dep't of Corr. v. Furr, 23 S.W.3d 615 (Ky. 2000).
· cites it 2× “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).
“The complainant may be awarded damages, which include “compensation for humiliation and embarrassment,” under KRS 344.230(3)(h). However, KRS 344.450 provides an aggrieved party an alternative remedy of filing a civil action for damages in circuit court.”
Vandertoll v. Commonwealth, 110 S.W.3d 789 (Ky. 2003).
“2d 422, 423 (1988) (holding that “[t]he rights of the movants were created by KRS 344.230” and that “[tjherefore, since these rights are created by a statute which provides no limitation of its own, the 5-year statute of limitations found in KRS 413.”
Kentucky Comm'n on Human Rights v. City of Owensboro, 750 S.W.2d 422 (Ky. 1988).
· cites it 3× “The issue to be decided by this appeal is what statute of limitations is applicable to awards of back pay for actions brought under the Kentucky Civil Rights Act, KRS 344.230. We hold that the 5-year statute of limitations for statutory claims, KRS 413.”
Curtis v. Belden Elec. Wire & Cable, 760 S.W.2d 97 (Ky. Ct. App. 1988).
· cites it 2× “Conversely, if the Commission finds probable cause and conducts a hearing, then it is required to issue findings of fact under KRS 344.230. The trial court correctly resolved this issue.”
Berry v. Gen. Elec. Co., 541 F. Supp. 800 (W.D. Ky. 1982).
· cites it 2× “In Fraser the employer challenged the constitutionality of KRS 344.230. That section empowers the Kentucky Commission on Human Rights to order affirmative action when the commission finds that an employer has engaged in unlawful discrimination.”
Kentucky Comm'n on Human Rights v. Barbour, 625 S.W.2d 860 (Ky. 1981).
· cites it 2× “OPINION OF THE COURT In this case, KRS 344.230(3)(h), which provides for the award of damages by the Kentucky Commission on Human Rights for humiliation and embarrassment due to discrimination, is challenged as an unconstitutional usurpation of judicial power and an overly broad…”
— Ky. Rev. Stat. § 344.230(1) — 2 cases
Curtis v. Belden Elec. Wire & Cable, 760 S.W.2d 97 (Ky. Ct. App. 1988).
“Conversely, if the Commission finds probable cause and conducts a hearing, then it is required to issue findings of fact under KRS 344.230. The trial court correctly resolved this issue.”
— Ky. Rev. Stat. § 344.230(2) — 2 cases
Kentucky Comm'n on Human Rights v. Fraser, 625 S.W.2d 852 (Ky. 1981).
“" KRS 344.230(2) provides: "If the commission determines that the respondent has engaged in an unlawful practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the unlawful…”
Dep't of Corr. v. Furr, 23 S.W.3d 615 (Ky. 2000).
“200; KRS 344.230(2), (3). The civil remedy is set forth in KRS 344.”
— Ky. Rev. Stat. § 344.230(3)(h) — 6 cases
Kentucky Comm'n on Human Rights v. Fraser, 625 S.W.2d 852 (Ky. 1981).
“" KRS 344.230(2) provides: "If the commission determines that the respondent has engaged in an unlawful practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the unlawful…”
Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814 (Ky. 1992).
“But the issue in Fraser was not the right to trial by jury in a court action, but the constitutionality of “allowing the Commission [the Kentucky Commission on Human Rights] to award compensatory damages for embarrassment and humiliation” as elsewhere provided for in the Act in…”
Wilson v. Lowe's Home Ctr., 75 S.W.3d 229 (Ky. Ct. App. 2001).
“The complainant may be awarded damages, which include “compensation for humiliation and embarrassment,” under KRS 344.230(3)(h). However, KRS 344.450 provides an aggrieved party an alternative remedy of filing a civil action for damages in circuit court.”
Kentucky Comm'n on Human Rights v. Barbour, 625 S.W.2d 860 (Ky. 1981).
“OPINION OF THE COURT In this case, KRS 344.230(3)(h), which provides for the award of damages by the Kentucky Commission on Human Rights for humiliation and embarrassment due to discrimination, is challenged as an unconstitutional usurpation of judicial power and an overly broad…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.