KY HB 468

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Description

Create a new section of KRS 344.010 to 344.025 to define terms; set standards for determinations of impairments; amend KRS 344.010 to define "major life activities," "regarded as having such an impairment," and "transitory impairment"; amend KRS 344.020 to provide for execution of the policies embodied in the Americans with Disabilities Act Amendments Act of 2008; amend KRS 344.030 to provide that "qualified individual with a disability" is to be interpreted consistently with the Americans with Disabilities Act of 2008; amend KRS 344.190 to remove the adjudicative powers of the Human Rights Commission regarding matters related to employment and public accommodations; amend KRS 344.200 to provide that an aggrieved individual may file a civil action for a discriminatory practice other than a housing practice without first filing a complaint with the Human Rights Commission; require a probable cause determination on a complaint to be made within 30 days of the commission's receipt of the respondent's response or the expiry of the time for a response, whichever is later; require orders dismissing complaints with the commission to be made without prejudice; allow an aggrieved individual to file a civil action for the same grievance while a complaint is either pending with or has been dismissed by the Human Rights Commission; provide that the filing of a complaint before the commission does not toll the statute of limitations for the filing of a civil action; provide that the statute of limitations for an action filed by the commission on behalf of a private party who has not previously filed an action for that grievance is 3 years as provided under KRS 413.115; provide that a civil action for a grievance may only be filed by either the private party or the commission but not both; allow for a private party or the commission to intervene as a third party in a civil action filed by the other; bar the recovery of monetary damages by the commission; limit a private party's remedies to those set out in KRS 344.450; provide that all matters of fact are to be triable by jury; allow a private party with an complaint already filed with or pending before the commission to bring a civil action for the same grievance within 1 year of the effective date of this Act; amend KRS 344.320 to eliminate adjudicative functions of local commissions; amend KRS 344.635 to allow a party to a complaint for a discriminatory housing charge with the Human Rights Commission to demand a trial by jury if a civil action is elected in lieu of administrative hearing; repeal KRS 344.210, 344.230, 344.240, 344.270, and 344.340 related to adjudicative functions of the Human Rights Commission; amend KRS 344.660 and 344.675 to conform.