(A) It is hereby unlawfu1 for any person to discriminate in any way prohibited in KRS 344.040, 344.045, 344.050, 344.060, 344.070, 344.080, 344.090 (employment), KRS 344.120 (Public Accommodations), 344.140, 344.145, 344.280, 344.290, 344.360 (Housing Practices), 344.367, KRS 344.370 (Financial Practices), KRS 344.380 (Block Busting), or KRS 344.400, based upon race, color, religion, national origin, sex, age (over 40), gender identity, sexual orientation, familial status or physical disability of any type.
(B) As to claims for discrimination under this subchapter, based upon race, color, religion, national origin, sex, age (over 40), familial status, or disability, the exemptions provided in KRS 344.040(2), 344.090, 344.100, 344.130, 344.145(2), 344.360(14), 344.362, and 344.365, as amended, shall apply.
(C) The prohibition of discrimination in this subchapter, based upon gender identity and sexual orientation, shall not apply:
(1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of the family of the owner resides in one of the housing accommodations;
(2) To the rental of a portion of a housing accommodation, by the occupant of the housing accommodation, or by the owner of the housing accommodation, if the owner of the housing accommodation, or a member of the family of the owner, resides therein;
(3) To a religious institution, or to an organization operated for charitable or educational purposes, which is operated or supervised or controlled by a religious corporation, association society, to the extent that the religious corporation, association, or society limits, or gives preferences in sale, lease, rental, assignment, or sublease of real property to individuals of the same religious corporation, association, or society to promote the religious principles for which it is established or maintained;
(4) To the private sale by a private individual homeowner who disposes of a property without the aid of any real estate operator, broker or salesman, and without advertising or public display;
(5) To a real estate operator to require the operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation;
(6) To any single-family house sold or rented by an owner; provided that the private individual owner does not own more than three single-family houses at any one time. In the case of sale of any single-family house by a private individual owner, not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this section shall apply only with respect to one sale within any 24-month period. The sale or rental of any single-family house shall be exempted from the application of this chapter, only if the house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of the facilities or services of any person in the business of selling or renting dwellings, or the employee or agent of any broker, agent, salesperson or person; and
(b) Without the publication, posting or mailing, after notice of any advertisement or written notice of any advertisement; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other professional assistance as necessary to perfect or transfer the title.
(7) To restrooms, shower rooms, bath houses and similar facilities which are in their nature distinctly private;
(8) To YMCA, YWCA and similar type dormitory lodging facilities;
(9) To hospitals, nursing homes, penal or similar facilities, with respect to any requirement than men and women not be in the same room;
(10) Nothing herein shall be construed to prevent an employer from:
(a) Enforcing a written employee dress policy; or
(b) Designating appropriate restroom and shower facilities;
(11) Employment exceptions. Notwithstanding any other provisions of this subchapter, it shall not be an unlawful practice for:
(a) 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 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;
(b) A religious organization, corporation, association, or society to employ an individual on the basis of religion to perform work connected with carrying on by such corporation, association, or society of its religious activity;
(c) A school, college, university or other educational institution to hire and employ individuals of a particular religion, if the school, college, university or other education 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;
(d) An employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to bona fide seniority or employees who work in different locations, if the difference is not the result of an intention to discriminate because of race, color, religion, national origin, sex, age (over 40), gender identity, sexual orientation, familial status or physical disability of any type; nor is it an unlawful practice of any 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 (over 40), gender identity, sexual orientation, familial status or physical disability of any type.
(Ord. 2023-1838, passed 1-26-23)