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344.030 Definitions for KRS 344.030 to 344.110.
For the purposes of KRS 344.030 to 344.110:
(1) "Qualified individual with a disability" means an individual with a disability as
defined in KRS 344.010 who, with or without reasonable accommodation, can
perform the essential functions of the employment position that the individual
holds or desires unless an employer demonstrates that he is unable to
reasonably accommodate an employee's or prospective employee's disability
without undue hardship on the conduct of the employers' business.
Consideration shall be given to the employer's judgment as to what functions of
a job are essential, and if an employer has prepared a written description
before advertising or interviewing applicants for the job, this description shall
be considered evidence of the essential functions of the job.
(2) "Employer" means a person who has eight (8) or more employees within the
state in each of twenty (20) or more calendar weeks in the current or preceding
calendar year and an agent of such a person, except for purposes of
determining discrimination based on disability, employer means a person
engaged in an industry affecting commerce who has fifteen (15) or more
employees for each working day in each of twenty (20) or more calendar weeks
in the current or preceding calendar year, and any agent of that person, except
that, for two (2) years following July 14, 1992, an employer means a person
engaged in an industry affecting commerce who has twenty-five (25) or more
employees for each working day in each of twenty (20) or more calendar weeks
in the current or preceding year, and any agent of that person. For the
purposes of determining discrimination based on disability, employer shall not
include:
(a) The United States, a corporation wholly owned by the government of the
United States, or an Indian tribe; or
(b) A bona fide private membership club (other than a labor organization)
that is exempt from taxation under Section 501(c) of the Internal Revenue
Service Code of 1986.
(3) "Employment agency" means a person regularly undertaking with or without
compensation to procure employees for an employer or to procure for
employees opportunities to work for an employer and includes an agent of
such person.
(4) "Labor organization" means a labor organization and an agent of such an
organization, and includes an organization of any kind, an agency or employee
representation committee, group, association, or plan so engaged in which
employees participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages, rates of
pay, hours, or other terms or conditions of employment, and a conference,
general committee, joint or system board, or joint council so engaged which is
subordinate to a national or international labor organization.
(5) "Employee" means an individual employed by an employer, but does not
include an individual employed by his parents, spouse, or child, or an individual
employed to render services as a domestic in the home of the employer.
(6) "Reasonable accommodation" means making existing facilities used by
(7)
(8)
(9)
employees readily accessible to and usable by individuals with disabilities, job
restructuring, part-time or modified work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or policies, the
provision of qualified readers or interpreters, and other similar accommodations
for individuals with disabilities.
"Religion" means all aspects of religious observance and practice, as well as
belief, unless an employer demonstrates that he is unable to reasonably
accommodate to an employee's or prospective employee's religious
observance or practice without undue hardship on the conduct of the
employer's business.
The terms "because of sex" or "on the basis of sex" include, but are not limited
to, because of or on the basis of pregnancy, childbirth, or related medical
conditions; and women affected by pregnancy, childbirth, or related medical
conditions shall be treated the same for all employment-related purposes,
including receipt of benefits under fringe benefit programs, as other persons
not so affected but similar in their ability or inability to work, and nothing in this
section shall be interpreted to permit otherwise.
"Undue hardship," for purposes of disability discrimination, means an action
requiring significant difficulty or expense, when considered in light of the
following factors:
(a) The nature and cost of the accommodation needed;
(b) The overall financial resources of the facility or facilities involved in the
provision of the reasonable accommodation; the number of persons
employed at the facility; the effect on expenses and resources; or the
impact otherwise of such accommodation upon the operation of the
facility;
(c) The overall financial resources of the covered entity; the overall size of
the business of a covered entity with respect to the number of its
employees; and the number, type, and location of its facilities; and
(d) The type of operation or operations of the covered entity, including the
composition, structure, and functions of the workforce of such entity; the
geographic separateness, administrative, or fiscal relationship of the
facility or facilities in question to the covered entity.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 378, sec. 3, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 282, sec. 4, effective July 14, 1992. -- Amended
1980 Ky. Acts ch. 245, sec. 3, effective July 15, 1980. -- Amended 1974 Ky.
Acts ch. 187, sec. 1. -- Created 1966 Ky. Acts ch. 2, Art. 3, sec. 301.
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