KRS § 344.200 — KY Code / Title XXVII / Chapter 344 / Section 344.200
344.200 Complaints of discrimination -- Procedure -- Conciliation agreements -- Enforcement
Status: in_force

344.200 Complaints of discrimination -- Procedure -- Conciliation agreements --

Enforcement.

(1) An individual claiming to be aggrieved by an unlawful practice other than a

discriminatory housing practice, a member of the commission, or the Attorney

General may file with the commission a written sworn complaint stating that an

unlawful practice has been committed, setting forth the facts upon which the

complaint is based, and setting forth facts sufficient to enable the commission to

identify the persons charged (referred to as the respondent in this section, KRS

344.210, 344.230, and 344.240). The commission shall make reasonable

accommodations to assist persons with disabilities in filing a written sworn

complaint. The commission staff or a person designated pursuant to its

administrative regulations shall promptly investigate the allegations of unlawful

practice set forth in the complaint and shall within five (5) days furnish the

respondent with a copy of the complaint. The complaint must be filed within one

hundred eighty (180) days after the alleged unlawful practice occurs.

(2) The commission or an individual designated pursuant to its administrative

regulations shall determine within thirty (30) days after the complaint has been filed

whether there is probable cause to believe the respondent has engaged in an

unlawful practice. If it is determined that there is no probable cause to believe that

the respondent has engaged in an unlawful practice, the commission shall issue an

order dismissing the complaint and shall furnish a copy of the order to the

complainant, the respondent, the Attorney General, and any other public officers

and persons that the commission deems proper.

(3) The complainant, within ten (10) days after receiving a copy of the order dismissing

the complaint, may file with the commission an application for reconsideration of

the order. Upon receiving a reconsideration application, the commission or an

individual designated pursuant to administrative regulation shall make a new

determination within ten (10) days whether there is probable cause to believe that

the respondent has engaged in an unlawful practice. If it is determined that there is

no probable cause to believe that the respondent has engaged in an unlawful

practice, the commission shall issue an order dismissing the complaint and

furnishing a copy of the order to the complainant, the respondent, the Attorney

General, and any other public officers and persons that the commission deems

proper.

(4) If the staff determines, after investigation, or if the commission determines after the

review provided for in subsection (3) of this section that there is probable cause to

believe that the respondent has engaged in an unlawful practice, the commission

staff shall endeavor to eliminate the alleged unlawful practice by conference,

conciliation, and persuasion. The terms of a conciliation agreement reached with a

respondent may require him to refrain from the commission of unlawful

discriminatory practices in the future and make any further provisions as may be

agreed upon between the commission or its staff and the respondent. If a

conciliation agreement is entered into, the commission shall issue and serve on the

complainant an order stating its terms. A copy of the order shall be delivered to the

respondent, the Attorney General, and any other public officers and persons that the

commission deems proper. Except for the terms of the conciliation agreement,

neither the commission nor any officer or employee thereof shall make public,

without the written consent of the complainant and the respondent, information

concerning efforts in a particular case to eliminate an unlawful practice by

conference, conciliation, or persuasion whether or not there is a determination of

probable cause or a conciliation agreement.

(5) At the expiration of one (1) year from the date of a conciliation agreement, and at

other times in its reasonable discretion, the commission staff may investigate

whether the terms of the agreement have been and are being complied with by the

respondent. Upon a finding that the terms of the agreement are not being complied

with by the respondent, the commission shall take whatever action it deems

appropriate to assure compliance.

(6) At any time after a complaint is filed, the commission may file an action in the

Circuit Court in a county in which the subject of the complaint occurs, or in a

county in which a respondent resides or has his principal place of business, seeking

appropriate temporary relief against the respondent, pending final determination of

proceedings including an order or decree restraining him from doing or procuring

any act tending to render ineffectual any order the commission may enter with

respect to the complaint. The court shall have power to grant temporary relief or a

restraining order as it deems just and proper.

(7) Nothing in this section shall apply to any discriminatory housing practice.