(1) It is the policy of the Lexington Fayette Urban County Government to safeguard all persons within Fayette County from discrimination in employment, public accommodation, and housing on the basis of sexual orientation or gender identity, as well as from discrimination on the basis of race, color, religion, national origin, sex, disability, and age forty (40) and over.
(2) For purposes of this section, the provisions of KRS 344.010 (1), (5) through (13) and (16), 344.030 (2) through (5), 344.040, 344.045, 344.050, 344.060, 344.070, 344.080, 344.100, 344.110, 344.120, 344.130, 344.140, 344.145, 344.360(1) through (8), 344.365(1) through (4), 344.367, 344.370(1), (2) and (4), 344.375, 344.380, 344.400 and 344.680, as they existed on July 15, 1998, are adopted and shall apply to prohibit discrimination on the basis of sexual orientation or gender identity within Fayette County.
(3) The commission shall have jurisdiction to receive, investigate, conciliate, hold hearings and issue orders relating to complaints filed alleging discrimination in employment, public accommodation or housing based on the sexual orientation or gender identity of the complaining party. The commission is authorized to use the powers and procedures listed in sections 2-31 and 2-32 to carry out the purposes of this section, except that KRS 344.385, 344.635 and 344.670 shall not apply to the enforcement of this section.
(4) For purposes of this section, "sexual orientation" shall mean a person's actual or imputed heterosexuality, homosexuality, or bisexuality.
(5) For purposes of this section, "gender identity" shall mean:
(a) Having a gender identity as a result of a sex change surgery; or
(b) Manifesting, for reasons other than dress, an identity not traditionally associated with one's biological maleness or femaleness.
(6) Nothing in this section shall be construed to prevent an employer from:
(a) Enforcing an employee dress policy which policy may include restricting employees from dress associated with the other gender; or
(b) Designating appropriate gender specific restroom or shower facilities.
(7) The provisions of this section shall not apply to a religious institution or to an organization operated for charitable or educational purposes, which is operated, supervised, or controlled by a religious corporation, association or society except that when such an institution or organization receives a majority of its annual funding from any federal, state, local or other government body or agency or any combination thereof, it shall not be entitled to this exemption.
(Ord. No. 201-99, § 1, 7-8-99; Ord. No. 022-2020 , § 2, 3-5-20)