practice while claim pending before the other body -- Final determination
exclusive.
The provisions of KRS 13B.140 notwithstanding, commission shall not take jurisdiction
over any claim of an unlawful practice under this chapter while a claim of the same
person seeking relief for the same grievance under KRS 344.450 is pending. A state
court shall not take jurisdiction over any claim of an unlawful practice under this chapter
while a claim of the same person seeking relief for the same grievance is pending before
the commission. A final determination by a state court or a final order of the commission
of a claim alleging an unlawful practice under KRS 344.450 shall exclude any other
administrative action or proceeding brought in accordance with KRS Chapter 13B by the
same person based on the same grievance.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 322, effective July 15, 1996. --
Amended 1984 Ky. Acts ch. 155, sec. 3, effective July 13, 1984. -- Created 1966 Ky.
Acts ch. 2, Art. 6, sec. 604(b).
Notes of Decisions
Owen v. Univ. of Kentucky, 486 S.W.3d 266 (Ky. 2016).
· cites it 11× “Specifically, UK relied on prior interpretations of KRS 344.270 as an “election of remedies,-” and because Owen elected to pursue her claim through the administrative process, this particular claim was unavailable.”
Benningfield v. Pettit Env't, Inc., 183 S.W.3d 567 (Ky. Ct. App. 2005).
· cites it 8× “However, the Court in Grzyb did not limit its decision to KRS 344.270, which was the statute at issue in that case, or to statutes similar in nature to KRS 344.”
Wilson v. Lowe's Home Ctr., 75 S.W.3d 229 (Ky. Ct. App. 2001).
· cites it 7× “A final determination by a state court or a final order of the commission of a claim alleging an unlawful practice under KRS 344.”
McNeal v. Armour & Co., 660 S.W.2d 957 (Ky. Ct. App. 1983).
· cites it 9× “The suit was dismissed for lack of subject matter jurisdiction under KRS 344.270. It appears that Larry McNeal and Lonnie Casey were black employees of appellee, Armour and Company.”
Brown v. Diversified Decorative Plastics, LLC, 103 S.W.3d 108 (Ky. Ct. App. 2003).
· cites it 12× “[4] The employee in Founder was not allowed to proceed with the circuit court action because it was specifically prohibited by KRS 344.270. That statute provides: The provisions of KRS 13B.”
Grego v. Meijer, Inc., 187 F. Supp. 2d 689 (W.D. Ky. 2001).
· cites it 4× “§ 344.270 (Michie 2000). Ms. Grego initially sought administrative redress of her claim by filing a complaint with the KCHR on May 20, *692 1998.”
Canamore v. Tube Turns Div. of Chemetron Corp., 676 S.W.2d 800 (Ky. Ct. App. 1984).
· cites it 3× “240(6) and KRS 344.270. KRS 344.270 states that “[a] final determination of a claim alleging an unlawful practice under this chapter shall exclude any other action or proceeding brought by the same person based on the same grievance.”
Clifton v. Midway Coll., 702 S.W.2d 835 (Ky. 1986).
· cites it 2× “Both the circuit court and the Court of Appeals supported an “Election of Remedies” theory on the basis of KRS 344.270. In reaching this decision, both the Court of Appeals and the circuit court failed to acknowledge the decision of McNeal v.”
Vaezkoroni v. Domino's Pizza, Inc., 914 S.W.2d 341 (Ky. 1995).
“Domino’s moved for summary judgment on Counts II and III, asserting that KRS 344.270 barred Vaezkoroni from prosecuting this action in circuit court because of the previous determination by the Fayette County commission.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.