(A) Any person or persons claiming to be aggrieved by an unlawful practice that is prohibited by this chapter may file a written complaint in accordance with the rules and regulations of the Human Relations Commission - Enforcement. The complaint must be filed within 180 days after the alleged unlawful practice occurred. Any member of the Human Relations Commission - Enforcement who has reason to believe an unlawful practice has occurred may file a complaint. Any person or persons claiming to be aggrieved by an act in violation of this chapter may file an action in Jefferson Circuit Court and obtain civil remedies as provided in KRS Chapter 344 and Title VIII of the Federal Civil Rights Act of 1968 as amended and any other federal civil rights statute that grants state courts concurrent jurisdiction.
(B) Complaints filed with the Human Relations Commission - Enforcement by individuals should:
(1) Be executed and filed at the Human Relations Commission - Enforcement office; members of the Human Relations Commission - Enforcement staff will assist the complainant to prepare the complaint;
(2) Be verified by each complainant;
(3) Contain the name and address of each complainant;
(4) Contain the names and addresses of the respondent(s) who committed the unlawful practice prohibited by this chapter;
(5) Give fair notice of the facts relied upon to show the unlawful practice or practices;
(6) State clearly and concisely the alleged violation; and
(7) State the date of the violation.
(C) On receipt of a complaint, or acceptance of a complaint referred by the Kentucky Human Rights Commission, the EEOC or HUD, the Human Relations Commission - Enforcement shall serve the complaint and a written resume setting forth the rights of the parties and the procedures to be followed by the Human Relations Commission - Enforcement in the investigation and adjudication of the complaint on the person or persons charged with a violation of this chapter (hereinafter referred to as the respondent, whether one or more persons), and mail a copy to the complainant.
(D) On receipt of a complaint, the respondent shall, within 30 days, file with the Human Relations Commission - Enforcement an answer, under oath or affirmation, to the allegations in the complaint. The staff of the Human Relations Commission - Enforcement shall attempt to resolve the complaint and conduct a preliminary investigation of the complaint and shall within 100 days after service of the complaint on the respondent, unless there has been a settlement, render a final investigative written report detailing documentary and witness evidence to the Executive Director.
(E) The Executive Director, within 30 days after receipt from the staff of the Human Relations Commission - Enforcement of the report of the preliminary investigation, shall determine whether there is reasonable cause to believe that an unlawful practice has been committed.
(1) If the Executive Director determines that there is no such reasonable cause, the complaint shall be dismissed.
(2) If the Executive Director determines that there is such reasonable cause, the Human Relations Commission - Enforcement shall make an effort to eliminate the unlawful practice by conference and conciliation. All conciliation and/or enforcement agreements and administrative closures shall be approved by the Executive Director of the Commission.
(3) If reasonable cause concerning allegations of an unlawful practice in connection with housing is found, the complainant and respondent shall be advised in writing that either party may elect to have their claims asserted in the complaint decided in a civil action. Notice of this election must be made to the Human Relations Commission - Enforcement and all other parties not later than the 20th day after receipt of the right of election. Upon receipt of such notice, the Human Relations Commission - Enforcement shall authorize, within 30 days thereafter, filing and maintaining an action on behalf of the complainant in Jefferson Circuit Court which may award all relief available under this chapter.
(4) Within 45 days after the Human Relations Commission - Enforcement has determined that reasonable cause exists, unless an order has been issued dismissing the complaint or stating the terms of a conciliation agreement, a hearing shall be set and necessary and reasonable discovery pursuant to KRS Chapter 344.
(F) Any endeavors or negotiations for conciliation shall not be received in evidence and shall be held in confidence by the Human Relations Commission - Enforcement and its staff.
(G) The determination of the Executive Director may be reconsidered on petition of any aggrieved party, except that an application to reconsider must be filed within 20 days of service of the adjudicative order on the aggrieved party. Dismissal after reconsideration is a final order by the Human Relations Commission - Enforcement.
(H) In connection with an investigation of a complaint filed under this chapter, the Human Relations Commission - Enforcement, or its designated representatives, may at any reasonable time request access to the premises, records and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. If a person fails to permit access, examination, photographing, or copying of records or documents relative to the complaint, the Human Relations Commission - Enforcement may apply to the Jefferson County Circuit Court for an order requiring compliance.
(I) All hearings held under and pursuant to this chapter shall be open to the public.
(J) At any time after a complaint has been filed, the Human Relations Commission - Enforcement may file an action in the Jefferson Circuit Court seeking appropriate temporary relief against the respondent, pending the final determination of proceedings under this section.
(K) At any time after a complaint has been filed, the Human Relations Commission - Enforcement may file an action in the Jefferson Circuit Court seeking such appropriate relief against any person as it may deem necessary to prevent any change of position between the complaint(s) and the respondent(s) or to prevent the questions presented to the Human Relations Commission - Enforcement from becoming moot.
(L) If the Human Relations Commission - Enforcement determines that any respondent has committed an unlawful act prohibited by this chapter and the respondent refuses to comply with or obey the order issued by the Human Relations Commission - Enforcement, the Human Relations Commission - Enforcement may file an action in the Jefferson Circuit Court seeking enforcement of the order.
(M) The Human Relations Commission - Enforcement may file suit in the Jefferson Circuit Court seeking enforcement of any of its orders issued pursuant to this chapter.
(1994 Jeff. Code, § 92.09) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.09) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)