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344.230 Orders of commission -- Nature of affirmative action.
(1)
(2)
(3)
(4)
If the commission determines that the respondent has not engaged in an
unlawful practice, the commission shall issue a final order in accordance with
the provisions of KRS Chapter 13B dismissing the complaint. A copy of the
order shall be delivered to the complainant, the respondent, the Attorney
General, and any other public officers and persons that the commission deems
proper.
If the commission determines that the respondent has engaged in an unlawful
practice, the commission shall issue a final order requiring the respondent to
cease and desist from the unlawful practice and to take affirmative action as in
the judgment of the commission will carry out the purposes of this chapter. A
copy of the final order shall be delivered to the respondent, the complainant,
the Attorney General, and to any other public officers and persons that the
commission deems proper.
Affirmative action ordered under this section may include, but is not limited to:
(a) Hiring, reinstatement, or upgrading of employees with or without back
pay. Interim earnings or amounts earnable with reasonable diligence by
the person or persons discriminated against shall operate to reduce the
back pay otherwise allowable.
(b) Admission or restoration of individuals to union membership, admission to
or participation in a guidance program, apprenticeship training program,
on-the-job training program, or other occupational training or retraining
program, and the utilization of objective criteria in the admission of
individuals to such programs.
(c) Admission of individuals to a place of public accommodation, resort, or
amusement.
(d) The extension to all individuals of the full and equal enjoyment of the
advantages, facilities, privileges, and services of the respondent.
(e) Reporting as to the manner of compliance.
(f) Posting notices in conspicuous places in the respondent's place of
business in form prescribed by the commission.
(g) Sale, exchange, lease, rental, assignment, or sublease of real property to
an individual.
(h) Payment to the complainant of damages for injury caused by an unlawful
practice including compensation for humiliation and embarrassment, and
expense incurred by the complainant in obtaining alternative housing
accommodations and for other costs actually incurred by the complainant
as a direct result of an unlawful practice.
The commission may publish or cause to be published the names of persons
who have been determined to have engaged in an unlawful practice.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 319, effective July 15, 1996. -Amended 1974 Ky. Acts ch. 187, sec. 3. -- Created 1966 Ky. Acts ch. 2, Art. 5,
secs. 505 and 506.
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