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344.200 Complaints of discrimination -- Procedure -- Conciliation agreements
-- Enforcement.
(1)
(2)
(3)
(4)
An individual claiming to be aggrieved by an unlawful practice other than a
discriminatory housing practice, a member of the commission, or the Attorney
General may file with the commission a written sworn complaint stating that an
unlawful practice has been committed, setting forth the facts upon which the
complaint is based, and setting forth facts sufficient to enable the commission
to identify the persons charged (referred to as the respondent in this section,
KRS 344.210, 344.230, and 344.240). The commission staff or a person
designated pursuant to its administrative regulations shall promptly investigate
the allegations of unlawful practice set forth in the complaint and shall within
five (5) days furnish the respondent with a copy of the complaint. The
complaint must be filed within one hundred eighty (180) days after the alleged
unlawful practice occurs.
The commission or an individual designated pursuant to its administrative
regulations shall determine within thirty (30) days after the complaint has been
filed whether there is probable cause to believe the respondent has engaged in
an unlawful practice. If it is determined that there is no probable cause to
believe that the respondent has engaged in an unlawful practice, the
commission shall issue an order dismissing the complaint and shall furnish a
copy of the order to the complainant, the respondent, the Attorney General,
and any other public officers and persons that the commission deems proper.
The complainant, within ten (10) days after receiving a copy of the order
dismissing the complaint, may file with the commission an application for
reconsideration of the order. Upon receiving a reconsideration application, the
commission or an individual designated pursuant to administrative regulation
shall make a new determination within ten (10) days whether there is probable
cause to believe that the respondent has engaged in an unlawful practice. If it
is determined that there is no probable cause to believe that the respondent
has engaged in an unlawful practice, the commission shall issue an order
dismissing the complaint and furnishing a copy of the order to the complainant,
the respondent, the Attorney General, and any other public officers and
persons that the commission deems proper.
If the staff determines, after investigation, or if the commission determines after
the review provided for in subsection (3) of this section that there is probable
cause to believe that the respondent has engaged in an unlawful practice, the
commission staff shall endeavor to eliminate the alleged unlawful practice by
conference, conciliation, and persuasion. The terms of a conciliation
agreement reached with a respondent may require him to refrain from the
commission of unlawful discriminatory practices in the future and make any
further provisions as may be agreed upon between the commission or its staff
and the respondent. If a conciliation agreement is entered into, the commission
shall issue and serve on the complainant an order stating its terms. A copy of
the order shall be delivered to the respondent, the Attorney General, and any
other public officers and persons that the commission deems proper. Except
for the terms of the conciliation agreement, neither the commission nor any
officer or employee thereof shall make public, without the written consent of the
(5)
(6)
(7)
complainant and the respondent, information concerning efforts in a particular
case to eliminate an unlawful practice by conference, conciliation, or
persuasion whether or not there is a determination of probable cause or a
conciliation agreement.
At the expiration of one (1) year from the date of a conciliation agreement, and
at other times in its reasonable discretion, the commission staff may investigate
whether the terms of the agreement have been and are being complied with by
the respondent. Upon a finding that the terms of the agreement are not being
complied with by the respondent, the commission shall take whatever action it
deems appropriate to assure compliance.
At any time after a complaint is filed, the commission may file an action in the
Circuit Court in a county in which the subject of the complaint occurs, or in a
county in which a respondent resides or has his principal place of business,
seeking appropriate temporary relief against the respondent, pending final
determination of proceedings including an order or decree restraining him from
doing or procuring any act tending to render ineffectual any order the
commission may enter with respect to the complaint. The court shall have
power to grant temporary relief or a restraining order as it deems just and
proper.
Nothing in this section shall apply to any discriminatory housing practice.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 317, effective July 15, 1996. -Amended 1992 Ky. Acts ch. 282, sec. 14, effective July 14, 1992. -- Amended
1976 Ky. Acts ch. 311, sec. 2. -- Amended 1974 Ky. Acts ch. 187, sec. 2. -Amended 1972 Ky. Acts ch. 255, sec. 11. -- Amended 1968 Ky. Acts ch. 167,
sec. 9. -- Created 1966 Ky. Acts ch. 2, Art. 5, sec. 503.
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