Louisville Employment Law Blog

Disability discrimination does not necessarily need to be an overt act on the part of an employer or a prospective employer to be considered a legal violation in Kentucky. Some of the ways in which employers will avoid hiring a person who is disabled is to require them to take part in a medical examination or to answer medical questions as part of the terms of employment. If this happens and there is a suspicion or evidence that it was done to avoid hiring a person who has a disability or to fire someone who has been hired, there could be the basis to file a disability discrimination lawsuit to be compensated. Having legal assistance is key to determining whether a case is viable.

The Equal Employment Opportunity Commission (EEOC) has certain rules regarding employers, disabled individuals, medical questions and medical examinations. At the application stage, the employer cannot ask the applicant to answer questions or take a medical exam before a job is offered. The employer cannot ask the applicant if he or she has a disability or about the severity of a disability that the applicant clearly has. The employer does have the legal right to ask a prospective employee if they can do the job and if reasonable accommodations will be needed.

Back in April, Governor Matt Bevin signed Senate Bill 18, known as the Kentucky Pregnant Workers Act, into effect. This new law amends the Kentucky Civil Rights Act to further clarify how employers with at least 15 employees should accommodate workers that are expecting soon. Employers are also required to provide notices of this new law to their workers starting on June 27.

This law could not arrive at a better time of the year. Summer can be one of the most difficult times of the year to work for employees that are in shape, so imagine how much harder it is for female workers that are carrying a child. Employees should understand their rights under this new law and what risks they face as the temperatures start increasing.

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.