344.200 Complaints of discrimination -- Procedure -- Conciliation agreements --
775 words·~4 min read·
/ky/344-200A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.