344.030 Definitions for KRS 344.030 to 344.110.
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/ky/chapter-344/344-030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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;
(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;
(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.