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207.200 Enforcement by Department of Workplace Standards.
(1)
(2)
(3)
(4)
The Kentucky Department of Workplace Standards is authorized to enforce the
employment provisions of KRS 207.130 to 207.240 in conjunction with the
State Attorney General's office and the state and local courts.
Any individual with a disability requesting the intervention of the Kentucky
Department of Workplace Standards under this section shall, within one
hundred and eighty (180) days of the alleged incident, submit with his request
a signed, sworn statement specifying and describing the disability or disabilities
which affect him. This statement may be used by the commissioner of
workplace standards or his representative to determine if the individual does,
or does not, have a "physical disability" as defined in KRS 207.130(2). If the
commissioner of workplace standards or his representative determines that the
aggrieved individual does have a disability which falls under the definition in
KRS 207.130(2), the Department of Workplace Standards shall provide a copy
of the aggrieved individual's signed statement to the employer for his
inspection.
In the event the employer wishes to challenge the validity of the statement, he
shall so notify the commissioner of workplace standards, who shall in turn
notify the aggrieved individual. If the aggrieved individual wishes the
Department of Workplace Standards to continue its involvement with the case,
he shall be required to submit to the commissioner of workplace standards,
within thirty (30) days of such notice, a signed, sworn statement from a
licensed physician of his choice, or from one of the state or federal agencies
serving individuals with disabilities:
(a) Specifying and describing the disability or disabilities affecting the
individual; and
(b) Indicating any specific type of employment for which such disability
should be considered a bona fide or necessary reason for limitation or
exclusion.
(a) The state agencies which may be consulted under subsection (3) of this
section may include, but are not limited to, the following:
1.
Department of Education, Office of Vocational Rehabilitation
Services;
2.
Cabinet for Health and Family Services, Department for Public
Health;
3.
Cabinet for Health and Family Services, Department for Income
Support.
(b) The commissioner of workplace standards, in conjunction with the
agencies designated in this subsection, is authorized to adopt appropriate
regulations governing the issuance and setting the standards of
determinations of ability or disability;
(c) The agencies designated in this subsection, and any other state agency
which serves individuals with disabilities and which the commissioner of
workplace standards deems proper, shall cooperate to the fullest with the
Department of Workplace Standards in issuing a statement of disability
and limitations as specified in subsection (3) of this section within twenty
(5)
(a)
(b)
(c)
(d)
(20) days of the date the individual with a disability presents himself
before such agency for examination.
For the purposes of KRS 207.130 to 207.240, the commissioner of
workplace standards, or his authorized representative, shall have the
power to enter the place of employment of any employer, labor
organization, or employment agency to inspect and copy employment
records, to compare character of work and operations on which persons
employed by him are engaged, to question such persons, and to obtain
such other information as is reasonably necessary to make a preliminary
determination that the aggrieved individual is, or is not, fully capable of
carrying out the duties of the job which he or she had been denied;
In the event that a preliminary determination is made that the aggrieved
individual is not fully capable of carrying out the duties of the job which he
or she had been denied, the aggrieved individual and the employer shall
both be so advised;
The aggrieved individual, within ten (10) days of receiving such
notification, may file with the Department of Workplace Standards an
application for reconsideration of the determination. Upon such
application, the commissioner of workplace standards or his
representative shall make a new determination within ten (10) days
whether the aggrieved individual is, or is not, fully capable of carrying out
the duties of the job which he or she had been denied. If the
determination is again made that the aggrieved individual is not fully
capable of carrying out these duties, the aggrieved individual and the
employer shall both be so advised;
In the event that a preliminary determination has been made that the
aggrieved individual is fully capable of carrying out the duties of the job
which he or she had been denied, the employer, labor organization, or
employment agency shall be so advised and encouraged to make an
immediate offer to the aggrieved individual of the position which he or she
had been denied. In the event the position has already been filled, the
employer, labor organization, or employment agency shall be encouraged
to make an offer to the aggrieved individual of the next available position
for which he or she is qualified.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 158, sec. 33, effective July 12, 2012. -Amended 2010 Ky. Acts ch. 24, sec. 305, effective July 15, 2010. -- Amended
2005 Ky. Acts ch. 99, sec. 292, effective June 20, 2005. -- Amended 2000 Ky.
Acts ch. 14, sec. 39, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426,
sec. 238, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 68,
effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 414, sec. 5, effective July
13, 1984. -- Created 1976 Ky. Acts ch. 280, sec. 9.
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