Title 104 KAR — Commission on Human Rights

Chapter 1 Human Rights

104 KAR 1:010 Posting, distribution and availability of notices and pamphlets {#sec-104-kar-1-010 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:010}

Section 1. Equal Employment Opportunity Notices.

(1) An employer, employment agency, licensing agency, and labor organization, shall post and maintain at its establishment equal employment opportunity notices such as the Equal Employment Opportunity Poster.

(2) Equal employment opportunity notices shall be posted and shall be readily apparent to an employee and applicant for employment. They shall be posted:

(a) In easily-accessible and well-lighted places; and

(b) At or near each location where the employee's services are performed.

(3) A Labor organization shall post "equal employment opportunity" notices in easily-accessible and well-lighted places. The notices shall be readily apparent to member and an applicant for membership.

Section 2. Public Accommodations Welcome Notice.

(1) An owner, lessee, proprietor, or manager of a place of public accommodation, resort, or amusement, shall post and maintain at a place of public accommodation, resort, or amusement welcome notices such as the Public Accommodations Poster.

(2) Public accommodation welcome notices shall be posted where they may be readily observed by those seeking or granting any of the accommodations, advantages, facilities, or privileges of places of public accommodations, resort, or amusement.

Section 3. Equal Housing Opportunity Notices.

(1) A person or business entity engaged in a real estate or real estate-related transaction shall post and maintain at each location where services are regularly performed, the equal housing opportunity notices such as the Fair Housing Poster.

(2) Equal housing opportunity notices shall be posted at each location where services are regularly performed, in an easily-accessible and well-lighted place. The notice shall be readily apparent to a person seeking services.

Section 4. Fair Housing Law Brochure. A person or entity engaged in real estate or real estate-related transactions shall provide to owners and customers at the time of sale, purchase, rental, insuring, or financing of real property, a copy of the Fair Housing Brochure.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Equal Employment Opportunity Poster", August 2025;

(b) "Public Accommodations Poster", August 2025;

(c) "Fair Housing Poster", August 2025; and

(d) "Fair Housing Brochure", August 2025.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Kentucky Commission on Human Rights, 312 Whittington Parkway, Suite 020, Louisville, Kentucky 40222, Monday through Friday, 8:00 a.m. to 4:30 p.m.; or from the Kentucky Commission on Human Rights website at https://kchr.ky.gov/Resources/Pages/Brochures-and-Posters.aspx.

History

• RELATES TO: KRS 344.010, 344.030, 344.130, 344.190, 344.367
• STATUTORY AUTHORITY: KRS 13A.100, 344.190(14)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.190(14) requires the Kentucky Commission on Human Rights to promulgate administrative regulations to effect the purposes of KRS Chapter 344, including requiring the posting of notices prepared or approved by the commission. This administrative regulation establishes requirements for persons defined in KRS 344.010, 344.030, 344.130, and 344.367, to post, distribute, and make available notices and pamphlets.
• History: 102 KAR 001:010. HR-1; 1 Ky.R. 234; eff. 1-8-75; Am. 7 Ky.R. 222; eff. 10-1-80; 18 Ky.R. 2862; 3178; eff. 4-14-92; 19 Ky.R. 2077; 2388; eff. 5-10-93; Cert eff. 1-29-2020; 50 Ky.R. 78; 51 Ky.R.37; eff. 10-1-2024; 52 Ky.R. 852; eff. 6-30-2026.

104 KAR 1:020 Administrative proceeding {#sec-104-kar-1-020 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:020}

Section 1. Definitions.

(1) "Commission" means the Kentucky Commission on Human Rights established by KRS 344.150.

(2) "EEOC" means the United States Equal Employment Opportunity Commission.

(3) "HUD" means the United States Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity.

Section 2. Complaint.

(1) Filing.

(a) Assistance in filing complaints shall be available to complainants at the commission, The Heyburn Building, 332 West Broadway, Suite 700, Louisville, Kentucky 40202, Monday through Friday, between the hours of 8 a.m. and 4:30 p.m.

(b) Complainants may provide information to be contained in a complaint by telephone to the commission.

(c) The commission shall reduce information received by telephone to writing on the appropriate complaint form. The commission may send the form to the complainant to be signed unless the information fails to establish a violation of KRS 344.010 to 344.500, 344.600 to 344.680, and 344.990.

(d) Upon the receipt of a communication from the EEOC or the HUD that a complaint has been submitted, the executive director or a designated commission staff member:

1. May issue a complaint in writing; and

2. Attach materials transmitted from the federal government.

(2) Complaint form. The complaint:

(a) The commission shall provide a complainant with an appropriate complaint form.

(b) A complaint may be filed on one (1) of the following forms:

1. For employment, housing, public accommodation, or financial transactions complaints, "Complaint of Discrimination" form;

2. For housing discrimination complaints dual-filed with the commission and HUD, "Housing Discrimination Complaint" form; or

3. For employment discrimination complaints dual-filed with the commission and EEOC, "Charge of Discrimination" form.

(c) A complaint shall be signed and affirmed or sworn before a notary public or other person authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished without charge by the commission.

(3) Place of filing. A complaint shall be filed with the commission at its office in Louisville as provided in subsection (4) of this section.

(4) Manner of filing.

(a) The complaint may be filed by personal delivery or mail to the commission's office in Louisville.

(b) A complaint may be delivered to:

1. A commissioner;

2. A member of the commission's staff; or

3. Other commission office.

(c) The person or office with whom a complaint is filed shall timely file the complaint at the commission's Louisville office.

(5) Amendment of complaint.

(a) The commission, the presiding hearing officer, or the complainant shall have the power reasonably and fairly to amend a complaint.

(b) Amendments may include amendments to:

1. Cure technical defects or omissions;

2. Amplify the allegations in the complaint; or

3. The joinder of additional or substitute respondents.

(c)

1. If a complaint is amended, the respondent may request in writing that the hearing be postponed.

2. A hearing shall not be postponed for more than ten (10) days after the original hearing date.

(6) Withdrawal of complaint. A complainant may withdraw the complaint, or any part of the complaint, without prejudice if the complainant:

(a) Files a written request stating the reasons for withdrawal; and

(b) Written consent is obtained from the:

1. Executive director, if the request is made before the issuance of a notice of hearing; or

2. Chairperson of the commission or presiding officer, if the request is made after the issuance of a notice of hearing.

Section 3. Notice of Hearing.

(1) The executive director shall schedule a hearing and report to the chairperson.

(2) Notice of hearing. If a party is represented by an attorney, a copy of the notice of hearing, complaint, documents, and amendments to documents, shall be furnished to the attorney.

(3) Place of hearing.

(a) A hearing shall be held at an office of the commission or other place designated by the commission.

(b) A complainant or respondent may request in writing that the location of a hearing be changed.

Section 4. Answer to Complaint.

(1) Filing of answer.

(a) The respondent or the respondent's attorney of record shall answer the complaint or amended complaint.

(b) The answer shall be:

1. In writing;

2. Signed by the respondent or respondent's attorney of record; and

3. Filed with two (2) copies at the Kentucky Commission on Human Rights, The Heyburn Building, 332 West Broadway, Suite 700, Louisville, Kentucky 40202, Monday through Friday, between the hours of 8 a.m. and 4:30 p.m.

(2) Content. The answer shall:

(a) Admit or deny the allegations in the complaint;

(b) State in concise, plain language, the defenses to each claim asserted;

(c) Specifically state:

1. A defense of lack of jurisdiction; and

2. A brief statement of the facts upon which the defense is based;

(d) Specifically state whether the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation or claim;

(e) Contain the mailing address of the:

1. Respondent; and

2. If applicable, respondent's attorney of record.

(3) Failure to deny or admit. Failure to state in respondent's answer that respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation shall be deemed an admission of the allegation.

(4) Manner of filing. The answer shall be filed by:

(a) Registered or certified mail addressed to the office of the commission in Louisville; or

(b) Delivery to the office.

(5) Defense and new matter. Allegation of new matter contained in the answer shall be deemed denied.

(6) Extension of time for filing. Upon application, the chairperson or the presiding hearing officer may for good cause shown extend the time within which an answer may be filed.

(7) Amendments of answer. An original amended answer with two (2) copies shall be filed with the commission as provided in subsection (4) of this section.

Section 5. Hearing Procedures.

(1) Appearances. The complainant or the party on whose behalf the complaint was filed shall appear at the hearing to testify.

(2) Who shall conduct.

(a) Hearings shall be conducted before one (1) or more hearing officers appointed by the chairperson.

(b) The hearing officer may be a commissioner or may be a person appointed by the chair.

(c) If more than one (1) hearing officer is appointed, the chairperson shall designate one (1) of them to act as presiding hearing officer.

(3) Joiner. Two (2) or more proceedings may be joined by the commission.

(4) Stipulations. The parties may file a stipulation as to any relevant matter. A stipulation shall not preclude the offering of additional evidence by any party.

(5) Continuation and adjournments.

(a) A hearing officer may:

1. Continue a hearing from day to day;

2. Adjourn a hearing to a later date or to a different place.

(b) A hearing officer may continue or adjourn a hearing by:

1. Announcement at the hearing; or

2. Other notice to all parties.

(6) Oral arguments and briefs. The presiding hearing officer shall permit the parties, their attorneys, or the members of the commission's staff presenting the case in support of the complaint, to present oral argument and to file briefs.

(7) Improper conduct. The presiding hearing officer may exclude from the hearing room or from further participation in the proceeding a person who engages in improper conduct before the hearing officer.

(8) Waiver of hearing. If a hearing has not been held, or if findings of fact or conclusions of law have not been made, an order may be entered if:

(a) The respondent has consented in writing; and

(b) Written notice has been given to all parties.

Section 6. Issuance of Subpoena.

(1) If a subpoena or subpoena duces tecum is issued at the request of a party to a hearing or other proceeding, the cost of service, witness and mileage fees shall be borne by the party who requested the subpoena.

(2) If a subpoena or subpoena duces tecum is issued by order of a commissioner, hearing officer or the executive director, the cost of service, witness, and mileage fees shall be borne by the commission.

Section 7. Filing of Orders. An order issued by the commission after a hearing shall be filed in the commission's office in Louisville.

Section 8. Certification. The chairperson or the executive director shall certify documents or records that are a part of the files and records of the commission.

Section 9. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Complaint of Discrimination Form (April 1996";

(b) "How to File a Complaint of Discrimination (April 1996)";

(c) "Housing Discrimination Complaint Form (HUD 903) (February 1991)";

(d) "Charge of Discrimination (EEOC 5) (June 1992)"; and

(e) "Request for Reconsideration (April 1996)".

(2) This material which is made available upon request to persons with disabilities in alternative formats may be inspected, copied or obtained:

(a) At the offices of the Kentucky Commission on Human Rights, The Heyburn Building, Suite 700, 332 West Broadway, Louisville, Kentucky 40202; or

(b) Requested at any time by calling:

1. (502) 595-4024 (voice);

2. (800) 295-5566;

3. (502) 595-4084, (TTY), for the speech and hearing impaired;

4. Kentucky Relay Service, (800) 648-6056 (TTY), (800) 648-6057 (voice).

(c) Material may be inspected, copied, or obtained, 8 a.m. to 4:30 p.m., Monday through Friday.

History

• RELATES TO: KRS 13B.010, 344.010-344.500, 344.600-344.680, 344.990
• STATUTORY AUTHORITY: KRS 344.180(3), 344.190(8), (9), (10), (14)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.180 and 344.190 require the commission to receive, investigate, conciliate, and hold hearings on complaints alleging unlawful discrimination. This administrative regulation establishes procedures for the filing of complaints alleging unlawful discrimination and administrative hearings relating thereto.
• History: HR-2; 1 Ky.R. 235; eff. 1-8-1975; 2863; 3179; eff. 4-14-1992; 19 Ky.R. 2079; 2389; eff. 5-10-1993; 23 Ky.R. 166; 1391; eff. 9-11-1996; TAm eff. 9-12-2018; Crt eff. 1-29-2020.

104 KAR 1:030 Recordkeeping and reporting by employers, labor organizations and employment agencies {#sec-104-kar-1-030 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:030}

Section 1. Definition.

(1) "Records relevant to the determination" means all:

(a) Personnel or employment records relating to the complainant and other employees holding positions similar to that held or sought by the complainant;

(b) Application forms or test papers completed by the complainant and of other applicants for the same position; and

(c) Personnel or employment records relating to the complainant.

(2) "Final disposition of the complaint" means the expiration of the statutory period within which the complainant may appeal an administrative order or commence a judicial action.

Section 2. Employer Information Report.

(1) Upon receipt of a complaint of employment discrimination, an employer shall provide a current employer information report.

(a) The report shall include a workforce breakdown of the employers' temporary and permanent employees within the Commonwealth of Kentucky.

(b) The report shall contain a breakdown of the employers' workforce by:

1. Race;

2. Age;

3. National origin; or

4. Sex.

(c) An employer may acquire the information necessary for completion either by:

1. Visual surveys; or

2. By the maintenance of postemployment records.

(d) Postemployment records which identify employees by race, color, religion, disability, age, national origin or sex shall be kept separately from personnel records available to those responsible for personnel decisions.

(2) An employer may substitute a comparable federal government employer information report.

(3) If the comparable government employer information report does not provide a current workforce breakdown descriptive of employees actual job categories, the employer shall update or modify the information contained in the report.

Section 3. Preservation of Records Made or Kept.

(1)

(a) A personnel or employment record, made or kept by an employer, shall be preserved by the employer for a period of one (1) year from the date of the:

1. Making of the record; or

2. Personnel action involved, whichever occurs later.

(b) These records shall include:

1. Requests for reasonable accommodation;

2. Application forms; and

3. Other records related to:

a. Hiring;

b. Promotion;

c. Demotion;

d. Transfer;

e. Lay-off;

f. Termination; and

g. Terms of compensation.

(2) Upon receipt of a complaint of discrimination, the respondent employer shall preserve all employee personnel records relevant to the determination until final disposition of the complaint.

History

• RELATES TO: KRS 344.040, 344.060, 344.500
• STATUTORY AUTHORITY: KRS 344.250
• NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes the procedures to be utilized by employers, labor organizations and employment agencies with respect to the maintenance and preservation of employment records and employment reports.
• History: HR-3; 1 Ky.R. 237; eff. 1-8-75; Am. 18 Ky.R. 2867; 3183; eff. 4-14-92; 19 Ky.R. 2082; 2392; eff. 5-10-93; Crt eff. 1-29-2020.

104 KAR 1:040 Guidelines for advertising employment or licensing opportunities {#sec-104-kar-1-040 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:040}

Section 1. Definition. "Bona fide occupational qualification" is defined by 42 U.S.C. 2000e-2(e) and 29 U.S.C. 623(f).

Section 2. Help Wanted Notices or Advertisements.An advertisement or notice shall utilize a neutral job qualification, title, term, phrase, or description unless a person's sex, religion, age between forty (40) and seventy (70), or national origin is determined by the commission to be a bona fide occupational qualification.

Section 3. Bona-fide Occupational Qualification.

(1) An employer, labor organization, licensing agency, or employment agency shall have the burden of establishing with the commission that either sex, religion, age between forty (40) and seventy (70), or national origin is a bona fide occupational qualification.

(2) A sex or gender-based bona fide occupational qualification shall:

(a) Be necessary for reasons of personal modesty or privacy; and

(b) Comply with EEOC guidelines on "Job opportunities advertising" as found in Part 1604—Guidelines on Discrimination Because of Sex, 29 C.F.R. 1604.5.

Section 4.

(1) A person who intends to publish, print, circulate, or display a job advertisement may request the commission to determine whether sex, religion, age between forty (40) and seventy (70), or national origin is a bona fide occupational qualification for the job to be advertised.

(2)

(a) Within three (3) workdays of receipt of the request, the commission shall:

1. Make a determination in writing; and

2. Forward its written determination.

(b) The determination of the commission shall be based on:

1. The specific job;

2. Whether the qualification is reasonably necessary to the normal operation of the business; and

3. Any other pertinent factors.

Section 5. Newspapers and other publications which print employment advertisements shall be encouraged by the commission to:

(1) Maintain lists of gender-neutral terms; and

(2) Instruct their employees to advise advertisers of gender neutral job qualifications, titles, and descriptions.

Section 6.

(1) In a conciliation agreement or order, the commission may include a provision requiring the respondent to use the term "equal opportunity employer", or a substantially similar term, in a notice or advertisement of employment or licensing opportunity.

(2) Persons advertising for employment opportunities shall be encouraged by the commission to use the terms specified in subsection (1) of this section in a notice or advertisement.

History

• RELATES TO: KRS 344.040, 344.050, 344.060, 344.070, 29 U.S.C. 623(f), 42 U.S.C. 2000e-2(e)
• STATUTORY AUTHORITY: KRS 344.080, 344.190, 29 C.F.R. 1604.5
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.190(14) requires the Kentucky Commission on Human Rights to promulgate administrative regulations to effect the purposes of KRS Chapter 344, including requiring the posting of notices prepared or approved by the commission. This administrative regulation establishes the procedures to be used by an employer, licensing agency, labor organization, or employment agency in advertising for jobs or licensing opportunities.
• History: HR-4; 1 Ky.R. 238; eff. 1-8-1975; 18 Ky.R. 2868; 3184; eff. 4-14-1992; 19 Ky.R. 2083; 2393; eff. 5-10-1993; TAm eff. 9-12-2018; Cert eff. 1-29-2020; 50 Ky.R. 80; 51 Ky.R. 38; eff. 10-1-2024.

104 KAR 1:050 Standards and procedures for providing equal employment opportunities {#sec-104-kar-1-050 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:050}

Section 1. Employment Discrimination Guidelines. In the determination of issues prohibiting employment discrimination the commission shall follow and enforce the following guidelines promulgated by the Equal Employment Opportunity Commission:

(1) Part 1605—Guidelines on Discrimination Because of Religion (and Appendix A to 1605.2 and 1605.3—Background Information); 29 C.F.R. 1605.1 to 1605.3; 45 Federal Register 72612, October 31, 1980;

(2) Part 1604—Guidelines on Discrimination Because of Sex (and Appendix to Part 1604—Questions and Answers on the Pregnancy Discrimination Act); 29 C.F.R. 1604.1 to 1604.4 and 1604.6 to 1604.11; 37 Federal Register 6836, April 5, 1972;44 Federal Register 23805, April 20, 1979; and 64 Federal Register 58333-01, October 29, 1999;

(3) Part 1607—Uniform Guidelines on Employee Selection Procedures (1978); 29 C.F.R. 1607.1 to 1607.16; 43 Federal Register 38295, August 25, 1978;

(4) Part 1606—Guidelines on Discrimination Because of National Origin; 29 C.F.R. 1606.1 to 1606.8; 45 Federal Register 85635, December 29, 1980, and 64 Federal Register 58333-01, October 29, 1999;

(5) Part 1630—Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act (and Appendix to Part 1630–Interpretative Guidance On Title I of the Americans With Disabilities Act); 29 C.F.R. 1630.1 to 1630.16.; 76 Federal Register 16999, March 25, 2011; and 81 Federal Register 31140, May 17, 2016; and

(6) Part 1625—Age Discrimination in Employment Act; 29 C.F.R. 1625.1 to 1625.32; 46 Federal Register 47726, Sept. 29 1981; 53 Federal Register 5972, Feb. 29, 1988; 72 Federal Register 36875, July 6, 2007; 72 Federal Register 72938-01, Dec. 26, 2007; and 79 Federal Register 13547, March 11, 2014.

History

• RELATES TO: KRS 344.010-344.500, 344.990, 29 C.F.R. 1604.1-1604.4, 1604.6-1604.11, 1605.1-1605.3, 1606.1-1606.8, 1607.1-1607.16, 1608, 1625, 1630
• STATUTORY AUTHORITY: KRS 344.190, 29 C.F.R. 1604.1-1604.11, 1605, 1606, 1607, 1608, 1630
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.190(14) requires the Kentucky Commission on Human Rights to promulgate administrative regulations to effect the purposes of KRS Chapter 344, including requiring the posting of notices prepared or approved by the commission. This administrative regulation establishes employment standards and procedures promulgated by the EEOC and enforced by the Kentucky Commission on Human Rights.
• History: HR-5; 1 Ky.R. 239; eff. 1-8-75; Am. 2 Ky.R. 495; eff. 5-12-76; 7 Ky.R. 651; eff. 4-1-81; 18 Ky.R. 2869; 3186; eff. 4-14-92; 19 Ky.R. 2084; 2393; eff. 5-10-93; Cert eff. 1-29-2020; 50 Ky.R. 82; 51 Ky.R. 39; eff. 10-1-2024.

104 KAR 1:060 Multiple dwelling developments reporting and recordkeeping requirements {#sec-104-kar-1-060 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:060}

Section 1. Definitions.

(1) "Multiple dwelling development" means one (1) or more housing accommodations:

(a) Located within the Commonwealth of Kentucky;

(b) Operated under the same management or owned by the same person or persons; and

(c) Containing in the aggregate at least twenty-five (25) units.

(2) "Racial or national origin designation" means white, black, Hispanic, American Indian or Alaskan native, biracial or multiracial, Asian or Pacific Islander.

(3) "Leaseholder" means the party with whom the landlord has entered into an agreement for rental.

(4) "Applicant" means a person who, for the purpose of either renting or purchasing a unit of a multiple dwellings development, appears before either the owner, lessor, agent or other principal or operator.

Section 2. Reports Relevant to the Determination of Unlawful Practices.

(1) An owner of a multiple dwelling development shall file one (1) copy of the "Multiple Dwelling Report" annually with the Kentucky Commission on Human Rights by August 15.

(2) The annual "Multiple Dwelling Report" shall include cumulative information for a period from July 1 to June 30.

(3) For each applicant and occupant of the multiple dwelling development, the report shall contain the:

(a) Racial or national origin designation; and

(b) Familial status.

(4) A consolidated report may be filed if:

(a) There are multiple owners of a development; and

(b) The development is operated as one (1) unit.

(5) The manager, agent, or other persons responsible for management may file for the owner.

Section 3. Instructions for Data Collecting on Race or National Origin.

(1) The owner of a housing accommodation not exempted by KRS 344.362 or 344. 365 shall list questions regarding the race or national origin of the applicant or lessor on a separate form.

(2) The owner may ask for the information, but shall not require the applicant to provide it.

(3) If an applicant refuses to provide the information when the applicant applies in person, the applicant's refusal shall be noted on the form. The owner may supply the information based on visual observation or surname.

(4)

(a) An applicant or tenant shall be informed, by the owner, that the Kentucky Commission on Human Rights is requesting information in order to monitor compliance with state statutes that prohibit persons from discriminating against tenants and applicants on the basis of race or national origin.

(b) An applicant or tenant shall be advised, by the owner, that if the information is not provided when the application is taken in person, the data will be collected on the basis of visual observation or surname.

(5) Questions shall not be asked of a telephone applicant.

Section 4. Maintenance and Retention of Records. The owner of a housing accommodation covered by KRS 344.360 and not exempted by KRS 344.362 or 344.365 shall maintain the following records:

(1) Racial or national origin and familial status designation of each applicant for an apartment:

(2) Racial or national origin and familial status designation of each leaseholder or purchaser;

(3) Apartment rental or sales recruiting techniques; and

(4) All records shall be retained for a period of two (2) years and shall be available for inspection and review upon request by an employee of the Kentucky Commission on Human Rights, Monday through Friday between the hours of 8 a.m. and 4:30 p.m.

Section 5. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Multiple Dwelling Reporting Form (February, 1993)";

(b) "Suggested Form for Recording Applicant Information (February, 1993)".

(2) This material may be inspected, copied or obtained:

(a) At the offices of the Kentucky Commission on Human Rights, The Heyburn Building, Suite 700, 332 West Broadway, Louisville, Kentucky 40202; or

(b) By calling:

1. (502) 595-4024;

2. (800) 295-5566;

3. (502) 595-4084, (TDD), for the hearing impaired;

4. Kentucky Relay Service, (800) 648-6056 (TTY/TDD).

History

• RELATES TO: KRS 344.360
• STATUTORY AUTHORITY: KRS 13A.100, 13A.120, 344.190(10), (11), (14), 344.250(2), (7)
• NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes requirements for the retention, content and submission of annual reports by owners of housing accommodations covered by KRS 344.360.
• History: HR-6; 1 Ky.R. 239; Am. 447; eff. 1-10-75; 18 Ky.R. 1870; 3187; eff. 4-14-92; 19 Ky.R. 2085; 2394; eff. 5-10-93; Crt eff. 1-29-2020.

104 KAR 1:070 Records and reports for apprenticeships and training programs {#sec-104-kar-1-070 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:070}

Section 1. Retention of Records.

(1) An apprenticeship or training program shall keep a list of applicants according to race, national origin, sex and age.

(2) The list shall be maintained:

(a) In chronological order;

(b) For a period of two (2) years.

(3) A list of requests for reasonable accommodations by persons with disabilities shall also be maintained for two (2) years.

Section 2. Enrollment Records.

(1) An apprenticeship or training program shall furnish to the commission, upon request a breakdown of current enrollment by race, national origin, sex and age.

(2) A list of requests for reasonable accommodations from persons with disabilities shall also be furnished upon request.

Section 3. Substitution of Records. The commission may when necessary for a complete investigation disallow substitution of reports previously submitted to other governmental agencies.

History

• RELATES TO: KRS 344.070
• STATUTORY AUTHORITY: KRS 344.250(3)
• NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes the requirement governing the submission, retention, content, and substitution of records and reports by persons covered by KRS 344.250(3).
• History: 3 Ky.R. 673; Am. 745; eff. 5-4-77; 18 Ky.R. 2871; eff. 4-14-92; 19 Ky.R. 2087; 2395; eff. 5-10-93; Crt eff. 1-29-2020.

104 KAR 1:080 Guidelines on fair housing {#sec-104-kar-1-080 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:080}

Section 1. Definitions.

(1) "Conduct" means, in addition to practices prohibited by KRS 344.360, any action including statements, words, and utterances.

(2) "Real estate operator" is defined by KRS 344.010(8), and includes, subject to KRS 344.362 and 344.365, any person engaging in housing practices or any real estate or real estate-related transaction and is not limited to those persons regularly engaging in real estate as a business.

Section 2. Discriminatory conduct, notice, statements, and advertisements shall include:

(1) A written or oral notice or statement by a real estate operator;

(2) Written notice or statement including an application, flyer, brochure, deed, sign, banner, poster, billboard, or a document used with respect to the sale or rental of housing accommodations;

(3) Notices, statements, and advertisements, including:

(a) The use of words, phrases, photographs, illustrations, symbols, or forms which convey that housing accommodations are available or not available to a particular group of persons because of race, color, religion, sex, disability, familial status, or national origin;

(b) Expressing to agents, brokers, employees, prospective sellers, renters, or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, disability, familial status, or national origin of such persons;

(c) Selecting media or locations for advertising the sale or rental of housing accommodations which deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, disability, familial status, or national origin; and

(d) Refusing to publish advertising for the sale or rental of housing accommodations or requiring different charges or terms for such advertising because of race, color, religion, sex, disability, familial status, or national origin;

(4) Discriminatory representations on the availability of dwellings, including those specified in 24 C.F.R. 100.80(a) and (b);

(5) Use of advertising media that fails to comply with the provisions of 24 C.F.R. 100.75, 61 Federal Register 5205, February 9, 1996; and

(6) Occupancy restrictions because of familial status unless warranted under paragraphs (a) and (b) of this subsection.

(a) Real estate operators may enforce nondiscriminatory policies or standards involving reasonable occupancy restrictions on the basis of familial status.

(b) In reviewing occupancy restrictions, the Kentucky Commission on Human Rights shall consider the:

1. Size of bedrooms and unit;

2. Age of children;

3. Configuration of unit; and

4. Other special circumstances which may warrant occupancy restrictions.

History

• RELATES TO: KRS 344.010, 344.360-344.385, 344.600-344.680, 24 C.F.R. 100.75, 100.80
• STATUTORY AUTHORITY: KRS 344.190(14)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.190(14) requires the Kentucky Commission on Human Rights to promulgate administrative regulations to effect the purposes of KRS Chapter 344, including requiring the posting of notices prepared or approved by the commission. This administrative regulation establishes standards and procedures for determining permissible conduct by persons engaged in real estate or real estate-related transactions.
• History: 19 Ky.R. 2157; Am. 2396; eff. 5-10-1993; Cert eff. 1-29-2020; 50 Ky.R. 84; 51 Ky.R. 40; eff. 10-1-2024.

104 KAR 1:090 Categories of protected persons required to fulfill reporting requirements {#sec-104-kar-1-090 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:090}

Section 1. Definitions.

(1) "American Indian or Alaskan native" means all persons having origin in any of the original persons of North America and who maintain cultural identification through nation's affiliation or community recognition.

(2) "Asian or Pacific Islander" means all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. The Far East and Southeast Asia area includes China, Japan, Samoa and Vietnam, Cambodia, Laos, and Thailand. The Indian Subcontinent includes India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhatan. The Pacific Islands include the Philippine Islands.

(3) "Hispanic" means all persons having origins in Mexico, Puerto Rico, Cuba, and Central or South America. Persons who may have adopted the Spanish culture but are not otherwise of Spanish origin are to be treated according to their racial identity. Persons having their origin in the racial groups of Africa shall be excluded. Persons of Portuguese ancestry shall be classified as white-caucasians.

(4) "White or caucasian" means all persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. It shall not include persons having Spanish origins or cultures.

(5) "Black or African American" means all persons whose origins are the black racial groups of Africa and some people from South America, such as Brazil, Guyana, Surinam, or Trinidad.

(6) "Multiracial or biracial" means any persons whose parents are of different racial or national origins.

Section 2. Submission of Records. Employers, licensing agencies, labor organizations, financial institutions and real estate operators shall use categories established by Section 1 of this administrative regulation to provide information upon receipt of a complaint of discrimination or to submit annual reports.

Section 3. A person or entity required to make reports shall advise the persons whose racial or national origin status is identified that the information shall be treated confidentially and used for reporting purposes only.

History

• RELATES TO: KRS 344.010, 344.050, 344.060, 344.070, 344.180, 344.190, 344.250, 344.360, 344.370
• STATUTORY AUTHORITY: CCH OFCCP Compliance Manual Chapter 2, sec. 2-160.4b, Paragraph 2164, 29 C.F.R. 1602.13
• NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes the standards for categorizing protected persons for the purposes of fulfilling reporting requirements. These categories have been utilized by the Equal Employment Opportunity Commission and the U.S. Department of Labor and are used by the Kentucky Commission on Human Rights.
• History: 19 Ky.R. 2158; Am. 2396; eff. 5-10-93; Crt eff. 1-29-2020.

104 KAR 1:100 Nondiscrimination on the basis of disability by a place of public accommodations, licensing agencies and trade organizations {#sec-104-kar-1-100 omnilex-key=us-ky-regs-official--title-104--104 KAR 1:100}

Section 1. Part 36—Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 28 C.F.R. Part 36, 81 Federal Register 53240, August 11, 2016, 56 Federal Register 35592, July 26, 1991, is adopted without change and supplements Title III of the Americans with Disabilities Act, which extends the prohibitions against disabilities discrimination to privately operated public accommodations and commercial facilities. It further requires that examinations or courses related to licensing or certification for professional and trade purposes be accessible to the disabled. This administrative regulation was promulgated by the U.S. Department of Justice and is enforced by the Kentucky Commission on Civil Rights.

History

• RELATES TO: KRS 344.050, 344.060, 344.120, 344.130, 344.500, 28 C.F.R. 36
• STATUTORY AUTHORITY: KRS 12.290, 344.190(14), 28 C.F.R. 36, 42 U.S.C. 12181
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.190(14) requires the Kentucky Commission on Human Rights to prescribe administrative regulations to effectuate the purposes and provisions of the Kentucky Civil Rights Act. This administrative regulation provides that all places of public accommodation be designed and constructed so as to be readily accessible to and usable by persons with disabilities. In addition, examinations or courses related to licensing or certification for professional and trade purposes shall be accessible to persons with disabilities.
• History: 19 Ky.R. 2158; Am. 2397; eff. 5-10-1993; Cert eff. 1-29-2020; 50 Ky.R. 86; eff. 10-1-2024