KRS § 344.040 — KY Code / Title XXVII / Chapter 344 / Section 344.040
344.040 Unlawful discrimination by employers -- Difference in health plan contribution rates for smokers and nonsmokers and benefits for smoking cessation program participants excepted
Status: in_force

344.040 Unlawful discrimination by employers -- Difference in health plan

contribution rates for smokers and nonsmokers and benefits for smoking

cessation program participants excepted.

(1) It is an unlawful practice for an employer:

(a) To fail or refuse to hire, or to discharge any individual, or otherwise to

discriminate against an individual with respect to compensation, terms,

conditions, or privileges of employment, because of the individual's race,

color, religion, national origin, sex, age forty (40) and over, because the

person is a qualified individual with a disability, or because the individual is a

smoker or nonsmoker, as long as the person complies with any workplace

policy concerning smoking;

(b) To limit, segregate, or classify employees in any way which would deprive or

tend to deprive an individual of employment opportunities or otherwise

adversely affect status as an employee, because of the individual's race, color,

religion, national origin, sex, or age forty (40) and over, because the person is

a qualified individual with a disability, or because the individual is a smoker

or nonsmoker, as long as the person complies with any workplace policy

concerning smoking;

(c) To fail to make reasonable accommodations for any employee with limitations

related to pregnancy, childbirth, or a related medical condition who requests

an accommodation, including but not limited to the need to express breast

milk, unless the employer can demonstrate the accommodation would impose

an undue hardship on the employer's program, enterprise, or business. The

following shall be required as to reasonable accommodations:

1. An employee shall not be required to take leave from work if another

reasonable accommodation can be provided;

2. The employer and employee shall engage in a timely, good faith, and

interactive process to determine effective reasonable accommodations;

and

3. If the employer has a policy to provide, would be required to provide, is

currently providing, or has provided a similar accommodation to other

classes of employees, then a rebuttable presumption is created that the

accommodation does not impose an undue hardship on the employer; or

(d) To require as a condition of employment that any employee or applicant for

employment abstain from smoking or using tobacco products outside the

course of employment, as long as the person complies with any workplace

policy concerning smoking.

(2) (a) A difference in employee contribution rates for smokers and nonsmokers in

relation to an employer-sponsored health plan shall not be deemed to be an

unlawful practice in violation of this section.

(b) The offering of incentives or benefits offered by an employer to employees

who participate in a smoking cessation program shall not be deemed to be an

unlawful practice in violation of this section.

(3) (a) An employer shall provide written notice of the right to be free from

discrimination in relation to pregnancy, childbirth, and related medical

conditions, including the right to reasonable accommodations, to:

1. New employees at the commencement of employment; and

2. Existing employees not later than thirty (30) days after June 27, 2019.

(b) An employer shall conspicuously post a written notice of the right to be free

from discrimination in relation to pregnancy, childbirth, and related medical

conditions, including the right to reasonable accommodations, at the

employer's place of business in an area accessible to employees.