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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)
(7)
(8)
(9)
"Reasonable accommodation" means making existing facilities used by 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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