2016 Kentucky Revised Statutes CHAPTER 207 - AID TO THE NEEDY BLIND -- EQUAL OPPORTUNITIES .135 Protections available to persons with HIV -- Employment discrimination prohibited.
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207.135 Protections available to persons with HIV -- Employment discrimination
prohibited.
(1)
(2)
(3)
Any person
with
acquired
immunodeficiency syndrome,
acquired
immunodeficiency syndrome related complex, or human immunodeficiency virus
shall have every protection made available to individuals with disabilities under
KRS 207.130 to 207.240 and Section 504, Public Law No. 93-112, the
Rehabilitation Act of 1973.
(a) No person may require an individual to take a human immunodeficiency virus
related test as a condition of hiring, promotion, or continued employment,
unless the absence of human immunodeficiency virus infection is a bona fide
occupational qualification for the job in question.
(b) A person who asserts that a bona fide occupational qualification exists for
human immunodeficiency virus-related testing shall have the burden of
proving that:
1.
The human immunodeficiency virus-related test is necessary to ascertain
whether an employee is currently able to perform in a reasonable manner
the duties of the particular job or whether an employee will present a
significant risk of transmitting human immunodeficiency virus infection
to other persons in the course of normal work activities; and
2.
There exists no means of reasonable accommodation short of requiring
the test.
(a) A person shall not discriminate against an otherwise qualified individual in
housing, public accommodations, or governmental services on the basis of the
fact that such individual is, or is regarded as being, infected with human
immunodeficiency virus.
(b) A person or other entity receiving or benefiting from state financial assistance
shall not discriminate against an otherwise qualified individual on the basis of
the fact that such individual is, or is regarded as being, infected with human
immunodeficiency virus.
(c) A person who asserts that an individual who is infected with human
immunodeficiency virus is not otherwise qualified shall have the burden of
proving that no reasonable accommodation can be made to prevent the
liklihood that the individual will, under the circumstances involved, expose
other individuals to a significant possibility of being infected with human
immunodeficiency virus.
(d) No person shall fail or refuse to hire or discharge any individual, segregate or
classify any individual in any way which would deprive or tend to deprive that
individual of employment opportunities or adversely affect his or her status as
an employee, or otherwise discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment on the basis of
the fact that the individual is a licensed health care professional who treats or
provides patient care to persons infected with human immunodeficiency virus.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 63, effective July 15, 1994. --Created
1990 Ky. Acts ch. 443, sec. 49, effective July 13, 1990.
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