344.230 Orders of commission -- Nature of affirmative action.

387 words·~2 min read·/ky/chapter-344/344-230

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the commission determines that the respondent has not engaged in an unlawful

practice, the commission shall issue a final order in accordance with the provisions

of KRS Chapter 13B dismissing the complaint. A copy of the order shall be

delivered to the complainant, the respondent, the Attorney General, and any other

public officers and persons that the commission deems proper.

(2)If the commission determines that the respondent has engaged in an unlawful

practice, the commission shall issue a final order requiring the respondent to cease

and desist from the unlawful practice and to take affirmative action as in the

judgment of the commission will carry out the purposes of this chapter. A copy of

the final order shall be delivered to the respondent, the complainant, the Attorney

General, and to any other public officers and persons that the commission deems

proper.

(3)Affirmative action ordered under this section may include, but is not limited to:

(a)Hiring, reinstatement, or upgrading of employees with or without back pay.

Interim earnings or amounts earnable with reasonable diligence by the person

or persons discriminated against shall operate to reduce the back pay

otherwise allowable.

(b)Admission or restoration of individuals to union membership, admission to or

participation in a guidance program, apprenticeship training program, on-the-

job training program, or other occupational training or retraining program, and

the utilization of objective criteria in the admission of individuals to such

programs.

(c)Admission of individuals to a place of public accommodation, resort, or

amusement.

(d)The extension to all individuals of the full and equal enjoyment of the

advantages, facilities, privileges, and services of the respondent.

(e)Reporting as to the manner of compliance.

(f)Posting notices in conspicuous places in the respondent's place of business in

form prescribed by the commission.

(g)Sale, exchange, lease, rental, assignment, or sublease of real property to an

individual.

(h)Payment to the complainant of damages for injury caused by an unlawful

practice including compensation for humiliation and embarrassment, and

expense incurred by the complainant in obtaining alternative housing

accommodations and for other costs actually incurred by the complainant as a

direct result of an unlawful practice.

(4)The commission may publish or cause to be published the names of persons who

have been determined to have engaged in an unlawful practice.