Violence in the Workplace Law Summaries

Violence in the Workplace Law Summaries

Kentucky, Violence in the Workplace Law Summaries

Kentucky has laws relating to stalking, carrying concealed weapons, and use of deadly force.

DEFINITIONS

“Course of conduct” means a pattern of conduct composed of two or more acts, evidencing a continuity of purpose. Constitutionally-protected activity is not included within the meaning of course of conduct (Ky RevStatAnn, Sec. 508.130, as amended by Act 119 (H. 428), L. 2002).

WHAT THE EMPLOYER MUST DO

Stalking laws.- Stalking is engaging in an intentional course of conduct:

1. directed at a specific person or persons;

2. that seriously alarms, annoys, intimidates or harasses the person or persons; and

3. that serves no legitimate purpose;

in a manner that would cause a reasonable person to suffer substantial mental distress (Ky RevStatAnn, Sec. 508.130, as amended by Act 119 (H. 428), L. 2002).

A person is guilty of stalking in the first degree when he or she intentionally stalks another person and makes an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, serious physical injury or death and a protective order has been issued to protect the same victim or victims and the stalker has been served with the summons or order or has been given actual notice or a criminal complaint is currently pending with a court, law enforcement agency or prosecutor by the same victim or victims and the stalker has been served with a summons or warrant or has been given actual notice; or the stalker has been convicted of or pled guilty within the previous five years to a felony or to a Class A misdemeanor against the same victim or victims; or the act or acts were committed while the stalker had a deadly weapon on or about his or her person (Ky RevStatAnn, Sec. 508.140, as amended by Ch. 401 (S. 263), L. 2000, effective April 11, 2000).

A person is guilty of stalking in the second degree when he or she intentionally:

1. Stalks another person; and

2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, physical injury, or death.

Protective orders.- A verdict of guilty or a plea of guilty to the antistalking law shall operate as an application for a restraining order limiting the contact of the defendant and the victim who was stalked, unless the victim requests otherwise (Sec. 2, Act 119 (H. 428), L. 2002).

A restraining order may grant the following specific relief (Sec. 2, Act 119 (H. 428), L. 2002):

1. an order restraining the defendant from entering the place of employment of the victim; or

2. an order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally, or through an agent, initiating any communication likely to cause serious alarm, annoyance, intimidation, or harassment, including, but not limited to, personal, written, telephonic, or any other form of written or electronic communication or contact with the victim. An order issued pursuant to this subsection relating to a place of business shall be sufficiently limited to protect the stalking victim, but shall also protect the defendant's right to employment or the right to do legitimate business with the employer of a stalking victim as long as the defendant does not have contact with the stalking victim.

Carrying concealed weapons.- It is unlawful in Kentucky to carry a concealed deadly weapon without a license. A firearm or deadly weapon is not considered to be concealed if located in the regularly installed glove compartment of a motor vehicle (Ky RevStatAnn, Sec. 527.020).

No license to carry a concealed firearm serves as an authorization for a person to carry a concealed firearm into (Ky RevStatAnn, Sec. 237.110(16), as amended by H. 290, L. 2006):

1. a police station or sheriff's office;

2. any detention facility, prison or jail;

3. any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;

4. any government meeting;

5. any establishment licensed to dispense beer or alcoholic beverages for consumption on the premises;

6. any elementary or secondary school without the consent of the school authorities, any child-caring facility, any day care center or any certified family child care home (except that the owner of a certified child care home may carry a concealed firearm into the owner's residence that is used as a certified child care home);

7. an area of an airport to which access is controlled by the inspection of persons and property; or

8. any place where the carrying of firearms is prohibited by federal law.

The owner, business or commercial lessee, or manager of a private business enterprise, day-care center or certified or licensed family child care home, or a licensed health care facility, except facilities renting or leasing housing, may prohibit persons holding concealed deadly weapon licenses from carrying such weapons on the premises and may prohibit employees, not authorized by the employer, holding concealed deadly weapons licenses from carrying concealed deadly weapons on the property of the employer. If the building or the premises are open to the public, the employer or business must post signs if carrying concealed weapons is prohibited. Possession of weapons, or ammunition, or both in a vehicle on the premises is not unlawful if the weapons, or ammunition, or both are not removed from the vehicle or brandished while the vehicle is on the premises. A private but not a public employer may prohibit employees or other persons holding a concealed deadly weapons license from carrying concealed deadly weapons, or ammunition, or both in vehicles owned by the employer, but may not prohibit employees or other persons holding licenses from carrying such weapons in vehicles owned by the employee, except that the Justice Cabinet may prohibit an employee from carrying any weapons, or ammunition, or both other than the weapons, or ammunition, or both issued or authorized to be used by the employee of the cabinet, in a vehicle while transporting persons under the employee's supervision or jurisdiction. Carrying of a concealed weapon, or ammunition, or both in a location specified in this subsection by a license holder is not a criminal act, but may subject the person to denial from the premises or removal from the premises, and, if an employee of an employer, disciplinary measures by the employer (Ky RevStatAnn, Sec. 237.110(17), as amended by H. 290, L. 2006).

A person who has a valid license issued by another state to carry a concealed deadly weapon in that state may, subject to Kentucky law, carry a concealed deadly weapon in Kentucky, and his or her license will be considered as valid in Kentucky (Ky RevStatAnn, Sec. 237.110(20)(a), as amended by H. 290, L. 2006).

A college, university or other postsecondary educational facility, including technical schools and community colleges, may control the possession of deadly weapons on any property owned or controlled by the school. A unit of state, city, county, urban-county or charter county government may prohibit the carrying of concealed deadly weapons by licensees in that portion of a building owned, leased or occupied by that unit of government. A legislative body of a state, city, county or urban-county government may, by statute, administrative regulation or ordinance, prohibit or limit the carrying of concealed deadly weapons by licensees in that portion of a building owned, leased or controlled by that unit of government. That portion of a building in which the carrying of concealed deadly weapons is prohibited or limited must be clearly identified by signs posted at the entrance to the restricted area. The statute or ordinance must exempt any building used for public housing by private persons, highway rest areas, firing ranges and private dwellings owned, leased or controlled by that unit of government from any restriction on the carrying or possession of deadly weapons. No other governmental unit not specifically mentioned above may prohibit or limit the carrying of concealed deadly weapons on its property (Ky RevStatAnn, Sec. 237.115).

No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property (Sec. 8, H. 290, L. 2006).

A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property (Sec. 8, H. 290, L. 2006).

A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property (Sec. 8, H. 290, L. 2006).

An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section, and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section (Sec. 8, H. 290, L. 2006).

The provisions of this section shall not apply to any real property (Sec. 8, H. 290, L. 2006):

1. Owned, leased, or occupied by the U.S. government upon which the possession or carrying of firearms is prohibited or controlled;

2. Of a detention facility as defined in KRS 520.010; or

3. Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property.

Use of deadly force.- A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force (Sec. 2, S. 38, L. 2006, enacted April 21, 2006; Ky RevStatAnn, Secs. 503.070(3) and 503.080(3), as added by S. 38, L. 2006, enacted April 21, 2006 ).

<p>Use of deadly force.— A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty </p>

Violence in the Workplace Law Summaries

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