Any person injured by any act in violation of the provisions of this chapter shall have a
civil cause of action in Circuit Court to enjoin further violations, and to recover the actual
damages sustained, together with the costs of the law suit. The court's order or judgment
shall include a reasonable fee for the plaintiff's attorney of record and any other remedies
contained in this chapter.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 323, effective July 15, 1996. -- Created
1974 Ky. Acts ch. 104, sec. 8.
Notes of Decisions
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004).
· cites it 14× “We accepted discretionary review in part to address the question of whether KRS 344.450 provides for an award of punitive damages.”
Dep't of Corr. v. Furr, 23 S.W.3d 615 (Ky. 2000).
· cites it 22× “Finally, we address the argument that the General Assembly did not intend to waive sovereign immunity because the remedy provision of KRS 344.450 provides for neither an express cause of action against the Commonwealth nor an "implied" cause of action against the Commonwealth.”
Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814 (Ky. 1992).
· cites it 9× “1 Meyers’ counsel (three attorneys) applied separately to the trial court for allowance of “a reasonable fee” against the employer under KRS 344.450, which reads as follows: “Any person deeming himself injured by any act in violation of the provisions of this chapter shall have…”
Brooks v. Lexington-Fayette Urban Cnty. Hous. Auth., 132 S.W.3d 790 (Ky. 2004).
· cites it 7× “Thus, the power to order reinstatement appears to fall within the trial court's power to "enjoin further violations" under KRS 344.450. [2] In the context of this case, this means that the decision whether to order reinstatement is an issue for the trial court and not the jury.”
Childers Oil Co., Inc. v. Adkins, 256 S.W.3d 19 (Ky. 2008).
· cites it 10× “ying her off was a mere pretext; (3) that it was error for the circuit court to give an instruction on punitive damages for a cause of action under the Kentucky Civil Rights Act; and (4) that the circuit court erred by not granting Childers’s motion for judgment notwithstanding…”
Benningfield v. Pettit Env't, Inc., 183 S.W.3d 567 (Ky. Ct. App. 2005).
· cites it 6× “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…”
Owen v. Univ. of Kentucky, 486 S.W.3d 266 (Ky. 2016).
· cites it 5× “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…”
Asbury Univ. v. Powell, 486 S.W.3d 246 (Ky. 2016).
· cites it 3× “new trial and awarding Powell attorneys’ fees and costs as allowed by KRS 344.450. Asbury appealed to the Court of Appeals, which affirmed.”
Am. Gen. Life & Accident Ins. Co. v. Hall, 74 S.W.3d 688 (Ky. 2002).
· cites it 6× “" Count I also alleges that American General had notice of Lyons's actions, both because Hall personally notified American General's district manager of such and because Lyons's harassment was "pervasive and obvious," and that American General failed to investigate or take…”
Canamore v. Tube Turns Div. of Chemetron Corp., 676 S.W.2d 800 (Ky. Ct. App. 1984).
· cites it 15× “270 or original judicial action pursuant to KRS 344.450. Once Canamore elected the administrative route, he allegedly became bound by the thirty days limitation of KRS 344.”
Hill v. Kentucky Lottery Corp., 327 S.W.3d 412 (Ky. 2010).
· cites it 4× “ATTORNEY FEES Both parties acknowledge that KRS 344.450 entitles the Hills to recover reasonable attorney fees for their claims under KRS Chapter 344.”
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.