Sexual Orientation Discrimination Law Summaries
Kentucky, Sexual Orientation Discrimination Law Summaries
The state has no law dealing with sexual orientation discrimination in employment, but Governor Steve Beshear signed an Executive Order (2008-473) on June 2, 2008, which prohibits discrimination in state employment on the basis of sexual preference or gender identity (see ¶18-2500 ). Also, the Lexington-Fayette Urban County Government has a law dealing with sexual orientation discrimination in employment (Code of Ordinances of the Lexington-Fayette Urban County Government, Sec. 2-33, as added by Ordinance No. 201-99, passed and effective July 8, 1999). This law is summarized below.
Jefferson County, Kentucky, also prohibits employers from discriminating on the basis of gender identity or sexual orientation (Ord. 36-1999, adopted and effective October 12, 1999).
The City of Louisville also prohibits discrimination based on sexual orientation. The City of Henderson repealed its ordinance banning such discrimination in employment on March 13, 2001 (Human Rights Campaign website (http://www.hrc.org)).
DEFINITIONS
“Sexual orientation” means an individual's actual or imputed heterosexuality, homosexuality or bisexuality (Sec. 2-33(4)).
“Gender identity” means (Sec. 2-33(5)):
having a gender identity as a result of a sex change surgery; or
manifesting, for reasons other than dress, an identity not traditionally associated with one's biological maleness or femaleness.
EXCEPTIONS
The law does not apply to a religious institution or to an organization operated for charitable or educational purposes that is operated, supervised, or controlled by a religious corporation, association or society, except when such an institution or organization receives a majority of its annual funding from any federal, state, local or other government body or agency or any combination thereof, it is not entitled to this exemption (Sec. 2-33(7)).
WHAT THE EMPLOYER MUST DO
It is the policy of the Lexington-Fayette Urban County Government to protect all individuals within Fayette County from discrimination in employment on the basis of sexual orientation or gender identity (Sec. 2-33(1)).
ENFORCEMENT
The Lexington-Fayette Urban County Human Rights Commission enforces the sexual orientation/gender identity discrimination law (Sec. 2-33(3)).
<p>The Lexington-Fayette Urban County Human Rights Commission enforces the sexual orientation/gender identity discrimination law (Sec. 2-33(3)).</p>