KRS § 344.030 — KY Code / Title XXVII / Chapter 344 / Section 344.030
344.030 Definitions for KRS 344.030 to 344.110
Status: in_force

344.030 Definitions for KRS 344.030 to 344.110.

For the purposes of KRS 344.030 to 344.110:

(1) "Qualified individual with a disability" means an individual with a disability as

defined in KRS 344.010 who, with or without reasonable accommodation, can

perform the essential functions of the employment position that the individual holds

or desires unless an employer demonstrates that he is unable to reasonably

accommodate an employee's or prospective employee's disability without undue

hardship on the conduct of the employers' business. Consideration shall be given to

the employer's judgment as to what functions of a job are essential, and if an

employer has prepared a written description before advertising or interviewing

applicants for the job, this description shall be considered evidence of the essential

functions of the job;

(2) "Employer" means a person who has eight (8) or more employees within the state in

each of twenty (20) or more calendar weeks in the current or preceding calendar

year and an agent of such a person, except for purposes of determining

accommodations for an employee's own limitations related to her pregnancy,

childbirth, or related medical conditions, employer means a person who has fifteen

(15) or more employees within the state in each of twenty (20) or more calendar

weeks in the current or preceding calendar year and any agent of the person, and,

except for purposes of determining discrimination based on disability, employer

means a person engaged in an industry affecting commerce who has fifteen (15) or

more employees for each working day in each of twenty (20) or more calendar

weeks in the current or preceding calendar year, and any agent of that person, except

that, for two (2) years following July 14, 1992, an employer means a person

engaged in an industry affecting commerce who has twenty-five (25) or more

employees for each working day in each of twenty (20) or more calendar weeks in

the current or preceding year, and any agent of that person. For the purposes of

determining discrimination based on disability, employer shall not include:

(a) The United States, a corporation wholly owned by the government of the

United States, or an Indian tribe; or

(b) A bona fide private membership club (other than a labor organization) that is

exempt from taxation under Section 501(c) of the Internal Revenue Service

Code of 1986;

(3) "Employment agency" means a person regularly undertaking with or without

compensation to procure employees for an employer or to procure for employees

opportunities to work for an employer and includes an agent of such person;

(4) "Labor organization" means a labor organization and an agent of such an

organization, and includes an organization of any kind, an agency or employee

representation committee, group, association, or plan so engaged in which

employees participate and which exists for the purpose, in whole or in part, of

dealing with employers concerning grievances, labor disputes, wages, rates of pay,

hours, or other terms or conditions of employment, and a conference, general

committee, joint or system board, or joint council so engaged which is subordinate

to a national or international labor organization;

(5) (a) "Employee" means an individual employed by an employer, but does not

include an individual employed by his parents, spouse, or child, or an

individual employed to render services as a domestic in the home of the

employer.

(b) Notwithstanding any voluntary agreement entered into between the United

States Department of Labor and a franchisee, neither a franchisee nor a

franchisee's employee shall be deemed to be an employee of the franchisor for

any purpose under this chapter.

(c) Notwithstanding any voluntary agreement entered into between the United

States Department of Labor and a franchisor, neither a franchisor nor a

franchisor's employee shall be deemed to be an employee of the franchisee for

any purpose under this chapter.

(d) For purposes of this subsection, "franchisee" and "franchisor" have the same

meanings as in 16 C.F.R. sec. 436.1;

(6) "Reasonable accommodation":

(a) Means making existing facilities used by employees readily accessible to and

usable by individuals with disabilities, job restructuring, part-time or modified

work schedules, reassignment to a vacant position, acquisition or modification

of equipment or devices, appropriate adjustment or modifications of

examinations, training materials or policies, the provision of qualified readers

or interpreters, and other similar accommodations for individuals with

disabilities; and

(b) For an employee's own limitations related to her pregnancy, childbirth, or

related medical conditions, may include more frequent or longer breaks, time

off to recover from childbirth, acquisition or modification of equipment,

appropriate seating, temporary transfer to a less strenuous or less hazardous

position, job restructuring, light duty, modified work schedule, and private

space that is not a bathroom for expressing breast milk;

(7) "Religion" means all aspects of religious observance and practice, as well as belief,

unless an employer demonstrates that he is unable to reasonably accommodate to an

employee's or prospective employee's religious observance or practice without

undue hardship on the conduct of the employer's business;

(8) (a) The terms "because of sex" and "on the basis of sex" include but are not

limited to because of or on the basis of pregnancy, childbirth, or related

medical conditions, and women affected by pregnancy, childbirth, or related

medical conditions shall be treated the same for all employment-related

purposes, including receipt of benefits under fringe benefit programs, as other

persons not so affected but similar in their ability or inability to work.

(b) "Related medical condition" includes but is not limited to lactation or the need

to express breast milk for a nursing child and has the same meaning as in the

Pregnancy Discrimination Act, 42 U.S.C. sec. 2000e(k), and shall be

construed as that term has been construed under that Act; and

(9) "Undue hardship," for purposes of disability discrimination or limitations due to

pregnancy, childbirth, or related medical conditions as described in KRS

344.040(1)(c), means an action requiring significant difficulty or expense, when

considered in light of the following factors:

(a) The nature and cost of the accommodation needed;

(b) The overall financial resources of the facility or facilities involved in the

provision of the reasonable accommodation; the number of persons employed

at the facility; the effect on expenses and resources; or the impact otherwise of

such accommodation upon the operation of the facility;

(c) The overall financial resources of the covered entity; the overall size of the

business of a covered entity with respect to the number of its employees; and

the number, type, and location of its facilities;

(d) The type of operation or operations of the covered entity, including the

composition, structure, and functions of the workforce of such entity; the

geographic separateness, administrative, or fiscal relationship of the facility or

facilities in question to the covered entity; and

(e) In addition to paragraphs (a) to (d) of this subsection, for pregnancy,

childbirth, and related medical conditions, the following factors:

1. The duration of the requested accommodation; and

2. Whether similar accommodations are required by policy to be made,

have been made, or are being made for other employees due to any

reason.