344.040 Unlawful discrimination by employers -- Difference in health plan
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/ky/344-040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(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.
(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.