2011 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.197 Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remedies.
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<![CDATA[342.197 Discrimination against employees who have filed claims or who have a
diagnosis of coal-related pneumoconiosis -- Civil remedies.
(1)
(2)
(3)
No employee shall be harassed, coerced, discharged, or discriminated against in any
manner whatsoever for filing and pursuing a lawful claim under this chapter.
It is unlawful practice for an employer:
(a) To fail or refuse to hire, or to discharge any individual, or otherwise to
discriminate against an individual with respect to his compensation, terms,
conditions, or privileges of employment, because such individual has been
diagnosed as having category 1/0, 1/1, or 1/2 occupational pneumoconiosis
with no respiratory impairment resulting from exposure to coal dust; or
(b) To limit, segregate, or classify his employees in any way which would deprive
or tend to deprive an individual of employment opportunities or otherwise
adversely affect his status as an employee, because such individual has been
diagnosed as having category 1/0, 1/1, or 1/2 occupational pneumoconiosis
with no respiratory impairment resulting from exposure to coal dust.
Any individual injured by any act in violation of the provisions of subsection (1) or
(2) of this section shall have a civil cause of action in Circuit Court to enjoin further
violations, and to recover the actual damages sustained by him, together with the
costs of the law suit, including a reasonable fee for his attorney of record.
Effective: October 26, 1987.
History: Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 21, effective October 26,
1987. -- Created 1984 Ky. Acts ch. 96, sec. 1, effective July 13, 1984.
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