Religious Discrimination Law Summaries
Kentucky, Religious Discrimination Law Summaries
Kentucky's statutory provisions dealing with religious discrimination in employment are located in the state's fair employment practices law (Kentucky Revised Statutes Annotated, Title XXVII, Chapter 344-reported at ¶18-2500 ) and in the state personnel law (Kentucky Revised Statutes Annotated, Title III, Chapter 18A), the relevant portions of which are summarized below. However, see ¶18-2500 for any provisions that may apply under Kentucky's see fair employment practices law. There are also statutory provisions dealing with Sunday work (Kentucky Revised Statutes Annotated, Title XL, Chapter 436), which are summarized below.
COVERAGE
Kentucky's state personnel law prohibits religious discrimination in state employment.
WHAT THE EMPLOYER MUST DO
Public employers.- No person may be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified services because of the person's religious opinions or affiliations (Sec. 18A.140, as amended by Ch. 154 (S. 139), L. 1998).
Local governments.- Persons holding positions in the classified service shall not be discriminated against in any way because of their religious opinions or affiliations (Sec. 90.220(1), as amended by Ch. 135 (S. 16), L. 2008).
No examination question on any examination given by the merit board shall relate to any religious opinion, belief, affiliation, or service and no appointment, promotion, demotion, suspension, or removal shall be brought about, affected, or influenced by these opinions, beliefs, affiliations, or services (Sec. 67C.317(3), as amended by Ch. 135 (S. 16), L. 2008).
No officer covered by the provisions of KRS 67C.301 to 67C.327 shall foster, promote, or be concerned with any actions involving religious controversies or prejudices while in uniform (Sec. 67C.317(4), as amended by Ch. 135 (S. 16), L. 2008).
Teachers.- No teacher or employee of any district board of education may be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of the individual's religious opinions or affiliations (Title XIII, Chapter 161, Sec. 161.164).
Abortions.- No physician, nurse staff member or employee of a public or private hospital or employee of a public or private health care facility, who states in writing to such hospital or health care facility the person's objection to performing, participating in, or cooperating in, abortion on moral, religious or professional grounds, may be required to, or held liable for refusal to, perform, participate in, or cooperate in such abortion (Title XXVI, Chapter 311, Sec. 311.800).
It is an unlawful discriminatory practice for any public or private agency, institution or person, including a medical, nursing or other school, to deny admission to, impose any burdens in terms of conditions of employment upon, or otherwise discriminate against any applicant for admission thereto or any physician, nurse, staff member, student or employee thereof, on account of the willingness or refusal of such applicant, physician, nurse, staff member, student or employee to perform or participate in abortion or sterilization by reason of objection thereto on moral, religious or professional grounds, or because of any statement or other manifestation of attitude by such person with respect to abortion or sterilization if that health care facility is not operated exclusively for the purposes for performing abortions or sterilizations (Title XXVI, Chapter 311, Sec. 311.800).
Sunday work.- Any person who employs on Sunday any other person in labor or other business, whether for profit or amusement, will be fined not less than $2 nor more than $50, unless the employment is in the course of ordinary household duties, work of necessity or charity or work required in the maintenance or operation of a public service or public utility plant or system (Sec. 436.160(1)).
Persons who are members of a religious society that observes as a Sabbath any other day in the week than Sunday will not be liable for the penalty described above if they observe as a Sabbath one day in each seven (Sec. 436.160(2)).
The fines described above also do not apply to amateur sports, athletic games or operation of grocery stores whose principal business is the sale of groceries and related food items, drug stores whose principal business is the sale of drugs and related drug items, gift shops, souvenir shops, fishing tackle shops and bait shops, moving picture shows, chatauquas, filling stations or opera (Sec. 436.160(3)).
Additionally, the fines described above do not apply to employers using continuous work scheduling, provided that the scheduling permits at least one day of rest each calendar week for each employee (Sec. 436.160(4)).
Any ordinance, resolution or order adopted by the legislative body of any city or the fiscal court of any county pertaining to retail sales and activities on Sunday is subject to the following limitations (Sec. 436.165(4)):
No employer may require as a condition of employment that any employee work on Sunday or on any other day of the week that any such employee may conscientiously wish to observe as a religious Sabbath.
No employer may in any way discriminate in the hiring or retaining of employees between those who designate a Sabbath as their day of rest and those who do not make such designation, provided, however, that the payment of premium or overtime wage rates for Sunday employment will not be deemed discriminatory.
No person permitted to engage in a retail business on Sunday may be open to the public between the hours of 6 a.m. and noon on any Sunday.
Every employer engaged in retail sales on Sunday must allow each employee at least 24 consecutive hours of rest in each calendar week in addition to the regular periods of rest normally allowed or legally required in each working day.
No business may be required to be open on Sunday as part of a lease agreement, franchise agreement or any other contractual arrangement.
ENFORCEMENT
Complaint.- Any classified employee may appeal to the Personnel Board an action alleged to be based on discrimination due to religion. A classified or unclassified employee may also file with the Kentucky Commission on Human Rights a complaint alleging discrimination on the basis of religion in accordance with the state's fair employment practices law (Sec. 18A.095, as amended by Ch. 154 (S. 139), L. 1998).
Form and contents.- Appeals to the board must be in writing on an appeal form prescribed by the board. The appeal form must be attached to any notice, or copy of any notice, of the action the employee is appealing (Sec. 18A.095, as amended by Ch. 154 (S. 139), L. 1998).
Hearing.- Upon receipt of an employee's appeal by the Personnel Board, the appointing authority and the Personnel Cabinet must be notified and the board must schedule a hearing (Sec. 18A.095, as amended by Ch. 154 (S. 139), L. 1998).
Reinstatement.- If the Personnel Board finds that an action complained of was taken by the appointing authority in violation of laws prohibiting bias with respect to an employee's religious opinions or affiliations, the appointing authority must immediately reinstate the employee without loss of pay for the period of penalization, or otherwise make the employee whole unless the order is stayed by the board or the court on appeal (Sec. 18A.095, as amended by Ch. 154 (S. 139), L. 1998).
WHO TO CONTACT
Contact the Personnel Office at 373 State Capitol Annex, Frankfort, KY 40601. Telephone: (202) 564-4460.
<p>Contact the Personnel Office at 373 State Capitol Annex, Frankfort, KY 40601. Telephone: (202) 564-4460.</p>