Louisville Employment Law Blog

In Kentucky and across the nation, there is still a dispute as to how far anti-discrimination laws should go in protecting people based on sexual orientation/transgender rights. There are many laws shielding employees or prospective employees who are confronted with disability discrimination, sexual harassment, wrongful termination and more. But there is an ongoing debate regarding this issue as it is gaining greater attention. This will be a critical concern in the future and people should be aware of it to ensure their rights are protected.

Three cases involving sexual orientation/transgender rights will be heard later this year by the U.S. Supreme Court. Its decision will dictate if the federal civil rights laws also cover it and protect people in this category. The key is whether the law which protects people based on sex includes sexual orientation and how people identify based on gender. The cases are from New York, Georgia and Michigan.

The Americans with Disabilities Act provides protection to workers to stop employers from exhibiting any kind of discrimination against them during the hiring process, when they are on the job, and when dismissing them among many other aspects of work. Employers are required to provide reasonable accommodation when it does not cause undue hardship on the business.

Disabled employees have rights to take leave if they need it. If they are legally allowed to take it and are not granted that right, this can be the basis of a legal filing. It is reasonable accommodation if the worker tries to use paid or unpaid leave and it is necessary because of the disability. The employer is not obligated to give paid leave beyond what is given to every employee. The employee should be allowed to use paid leave and then unpaid leave should be given.

Workplace harassment can come in many forms and Kentuckians who are subjected to it should be aware that they have rights when they believe their jobs are impacted by it. Some incidents are more unusual than others. When there is an issue at work regardless of its catalyst, the worker should not hesitate in seeking legal advice. A lawsuit can put an end to various forms of illegal behavior whether it is sexual harassment, religious discrimination, wrongful termination and more. It can also lead to compensation.

A former worker at a hotel has asserted that he was harassed by his boss and quit because of it. The manager of the hotel asked him questions about sex and his religion. She also told him he needed to have an exorcism to get rid of demons. The man had worked at the hotel beginning in June 2016. He worked from 3 p.m. to 11 p.m. When the manager became aware that the man was divorcing, she began talking about religion and demons. She told him that he needed to be "cleansed" if he was going to keep working for her. She claimed the process was like an exorcism.

There are some employers who foster a work atmosphere where employees believe they could be subject to retaliation for filing a worker's compensation claim.

In Kentucky, that kind of retaliation is against the law.