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It is an unlawful practice for a real estate operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose of inducing a real estate transaction from which he or she may benefit financially:
(A) To represent that a change has occurred or will or may occur in the composition with respect to race, color, religion, sex, disability, familial status, gender identity, sexual orientation, or national origin, of the owners or occupants in the block, neighborhood, or area in which the real property is located.
(B) To represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located.
(C) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entity or prospective entity into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, gender identity, sexual orientation or national origin.
(Ord. 2019-14, passed 8-6-19)
(A) Except as otherwise provided herein, it is an unlawful practice for a person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort or amusement as defined herein, on the ground of race, color, religion, national origin, sex, age forty (40) and over, disability, sexual orientation or gender identity.
(B) It shall be an unlawful practice to deny any person because of race, color, religion, national origin, sex, age forty (40) and over, disability, sexual orientation or gender identity, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a restaurant, hotel, motel, or any facility supported directly or indirectly by government funds.
(C) The provisions of this section shall not apply to:
(1) Restrooms, shower rooms, bath houses and similar facilities which are in their nature distinctly private;
(2) YMCA, YWCA and similar type dormitory lodging facilities;
(3) The exemptions contained in the definition of "PLACES OF PUBLIC ACCOMMODATIONS, RESORT OR AMUSEMENT," herein.
(4) Hospitals, nursing homes, penal or similar facilities, with respect to any requirement that men and women not be in the same room.
(Ord. 2019-14, passed 8-6-19)
(A) It is prohibited, unlawful practice for an employer or employment agency:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation; or
(2) To limit, segregate, or classify his or her employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation.
(B) It is an unlawful practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against, any individual because of his or her race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation, or to classify or refer for employment an individual on the basis of race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity or sexual orientation.
(C) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership or to otherwise discriminate against a member or applicant for membership because of race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation; or
(2) To limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way or manner which would deprive or tend to deprive an individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect one's status as an employee or as an applicant for employment because of such individual's race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation; or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(D) It is an unlawful practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation, in admission to or employment in, any program established to provide such apprenticeship, training, or retraining.
(E) It is an unlawful practice for any employer, labor organization, or employment agency to print or publish or cause to be printed or published, any notice or classification or referral for employment by such a labor organization or classification or limitation, specification or discrimination based on race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation, except that such a notice or advertisement may indicate a preference, limitation, or specification, based on religion, national origin, age forty (40) and over, disability or sex when religion, national origin, age forty (40) and over, disability or sex is a bona fide occupational qualification for employment.
(F) Nothing herein shall be construed to prevent an employer from:
(1) Enforcing a written employees dress policy; or
(2) Designating appropriate restroom and shower facilities.
(G) Employment exceptions. Notwithstanding any other provisions of this chapter, it shall not be an unlawful practice for:
(1) An employer to hire and employ employees, or an employment agency to classify or refer for employment an individual, or for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee, controlling apprenticeship or other training or retraining programs to admit or employ an individual in any such program, on the basis of his or her religion, or national origin in those certain instances where religion or national origin, is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business, or enterprise;
(2) A religious organization, corporation association, or society to employ an individual on the basis of his or her religion to perform work connected with the carrying on by such corporation, association, or society of its religious activity;
(3) A school, college, university, or other educational institution to hire and employ individuals of a particular religion, if the school, college, university, or other educational institution is in whole or substantial part owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university or other educational institution is directed toward the propagation of a particular religion, and the choice of employees is determined by such organization to promote the religious principles for which it is established or maintained;
(4) An employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, national origin, sex, age forty (40) and over, disability, gender identity, or sexual orientation, nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed competency or ability test provided that the test, its administration or action based upon the test results is not designed, intended or used to discriminate because of race, color, religion, national origin, sex, age forty (40) and over, disability, gender identity, or sexual orientation.
(Ord. 2019-14, passed 8-6-19)
The provisions of this chapter regarding sexual orientation or gender identity shall not apply to a religious institution, association, society or entity or to an organization operated for charitable or educational purposes, which is owned, operated or controlled by a religious institution, association, society, or entity, except that when such an institution or organization receives a majority of its annual funding from any federal, state, local or other governmental body or agency, or any combination thereof, it shall not be entitled to this exemption.
(Ord. 2019-14, passed 8-6-19)
(A) City's relationship with the Kentucky Commission on Human Rights. In order to effectuate and enforce the provisions of this chapter, the city shall enter into a cooperative working agreement with the Kentucky Commission on Human Rights whereby all claims filed with the City Administrator alleging discrimination in employment, public accommodations, housing, financial and credit transactions based on race, color, national origin, religion, age over forty (40), familial status and disability, shall be referred to the Kentucky Commission on Human Rights for investigation and enforcement in accordance with the Kentucky Civil Rights Act, KRS Chapter 344. The city shall reserve to itself the resolution of all claims of discrimination based on sexual orientation or gender identity.
(B) Filing and processing complaints.
(1) Any person claiming to be aggrieved by a violation of this chapter may, within one hundred eighty (180) days of the alleged violation or one (1) year if the alleged violation pertains to housing file a written complaint under oath with the City Administrator containing the following information:
(a) The name and address (if known) of the alleged violator, ("respondent") or facts sufficient to identify such person;
(b) An outline of the material facts upon which the complaint is based;
(c) The alleged violation;
(d) That any conduct of the complainant was for the purpose of obtaining housing, employment or public accommodation in question and not for the purpose of harassment or entrapment of the person against whom the complaint is made; and
(e) That a complaint concerning this same matter has not been filed with another agency or that any complaint concerning this matter filed with another agency has been dismissed by such agency without a final judgment on the merits.
(2) Upon receipt of the complaint, the City Administrator shall first make the following determination, and take the following action:
(a) If the complaint alleges discrimination based on race, color, national origin, religion, sex, age over forty (40), familial status or disability, the complaint shall immediately be referred to the Kentucky Commission on Human Rights for further processing, investigation and/or administrative proceedings in accordance with the Kentucky Civil Rights Act, KRS Chapter 344.
(b) If the complaint alleges discrimination based on sexual orientation or gender identity, a copy of the complaint shall be served on the respondent by certified mail. The respondent shall file a written response to the complaint within twenty (20) days from the receipt thereof.
(C) Investigation; findings and conciliation.
(1) If, after investigation, the City Administrator determines that there is no probable cause to believe that a violation has occurred, the City Administrator shall dismiss the complaint. Written notices of the dismissal shall be served upon the complainant and respondent by U.S. mail postage prepaid. The notice shall state that the complainant or his or her designee may file a written request for reconsideration within ten (10) days in accordance with the provisions set out in KRS 344.200.
(2) If, after investigation, the City Administrator determines that there is probable cause to support the allegations contained in the complaint, the City Administrator shall endeavor to eliminate the alleged violation by a conciliation agreement, signed by all parties and the City Administrator, wherein the alleged violation is eliminated and the complainant is made whole to the greatest extent practicable.
(3) If a settlement is achieved, the City Administrator shall furnish a copy of a signed conciliation agreement to the complainant and the respondent. The terms of the conciliation agreement may be made public, but no other information relating to any complaint, its investigation or its disposition may be disclosed without consent of the complainant and the person charged. A conciliation agreement need not contain a declaration or finding that a violation has in fact occurred and it may provide for dismissal of the complaint without prejudice. The City Council shall have discretion to approve, modify or reject the conciliation agreement.
(4) If conciliation is not achieved either by agreement between the parties or approval by the City Council, the City Administrator shall proceed with a hearing in accordance with the Kentucky Civil Rights Act and KRS Chapter 13B.
(D) Hearing procedures, judicial review and appeals.
(1) The City Administrator shall set a date, time and location for a hearing and notify the complainant and respondent in writing at least twenty (20) days in advance of that hearing date.
(2) The City Administrator will conduct an administrative hearing and to regulate the course of the proceedings in a manner that will promote the orderly and prompt conduct of the hearing.
(3) All pre-hearing proceedings, hearings, judicial review and appeals shall be conducted in accordance with all applicable provisions of the Kentucky Civil Rights Act, including KRS 344.240 and KRS Chapter 13B, the provisions of all of which are hereby adopted in full and incorporated herein by reference.
(4) If the City Administrator finds that a violation has occurred, he or she may recommend a penalty in accordance with the city's civil fine penalty schedule.
(5) The City Administrator shall submit the final adjudication and recommended order to the City Council for approval.
(6) Upon approval by the City Council, the City Administrator shall mail a copy of the order to the complainant and respondent, postage pre-paid. The respondent shall have thirty (30) days to pay any penalty issued in the order. If the respondent does not pay the penalty within the time given, then City Council may direct the City Attorney to place a lien against the respondent's property in the office of the County Clerk where said property is located.
(7) An appeal from any final order may be made to the Campbell County District Court within thirty (30) days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. The appeal shall be tried de novo. A judgment of the District Court may be appealed to the Campbell Circuit Court in accordance with the Kentucky Rules of Civil Procedure.
(Ord. 2019-14, passed 8-6-19)
(A) Rights created under this chapter may be enforced by civil action in the state or local courts of general jurisdiction by aggrieved individuals by bringing an action within one hundred eighty (180) days after the alleged discriminatory practice has occurred.
(B) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and punitive damages, together with court costs and reasonable attorney's fees in the case of prevailing plaintiff.
(Ord. 2019-14, passed 8-6-19)
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