Kentucky — Workplace Discrimination

The Kentucky Civil Rights Act (KRS Chapter 344) defines employer coverage thresholds differently by protected class and claim type:

• General discrimination (race, color, religion, national origin, sex, age, and others): Employers with eight or more employees in the state for twenty or more weeks in the current or preceding calendar year are covered.
• Disability discrimination: For claims alleging unlawful discrimination against qualified individuals with disabilities under KRS 344.040, the definition of "employer" rises to fifteen or more employees for each working day in each of twenty or more calendar weeks, mirroring the federal ADA threshold.
• Pregnancy-related reasonable accommodation: Following the Kentucky Pregnant Workers Act amendment, the same fifteen-employee threshold applies specifically to the duty to reasonably accommodate pregnancy, childbirth, or related conditions—see KRS 344.030(2), (5), (7), and (18).

Careful reading: These distinctions mean that, for disability or pregnancy-accommodation claims under state law, small employers (8–14 employees) are not covered, though they may still be covered for other forms of discrimination. Employers below both thresholds are never covered under the KCRA, though federal anti-discrimination statutes (such as the ADA or Title VII) may separately apply.

Source: KRS 344.030

KRS 344.040 makes it unlawful for employers to discriminate based on an individual's race, color, religion, national origin, sex, age forty (40) and over, or because the person is a qualified individual with a disability. The statute defines "qualified individual with a disability" by reference to KRS 344.030. Additionally, KRS 344.040(1)(a) prohibits discrimination against smokers or nonsmokers, provided the individual complies with applicable workplace smoking policies. Kentucky state law does not currently include sexual orientation or gender identity as protected classes, though those characteristics receive protection under Title VII in the Sixth Circuit following Bostock v. Clayton County, 140 S. Ct. 1731 (2020).

Source: KRS 344.040

Kentucky's Civil Rights Act (KCRA) allows claimants alleging employment discrimination to choose between pursuing their claim administratively (by filing a complaint with the Kentucky Commission on Human Rights, or KCHR) or judicially (by filing a civil suit in state circuit court). There is no requirement under Kentucky law that an individual must file with the KCHR as a prerequisite to bringing a private lawsuit in court. Instead, KRS 344.270 creates an "election of forum" rule: once a claimant files a complaint with the KCHR, the Commission has exclusive jurisdiction and the courts cannot entertain the same claim while it is pending. The reverse is true as well—if a claimant initiates a lawsuit in circuit court, the KCHR cannot proceed on a parallel complaint about the same claim. This rule is designed to prevent duplicative litigation and conflicting decisions between the agency and the courts.

KRS 344.270 also specifies that once a case has reached a final decision in either the KCHR or a circuit court, the other forum is barred from taking up that claim again. Put plainly: a claimant must pick one path and see it through—once a final decision is rendered, there is no second bite at the apple in the alternate forum.

The Kentucky Supreme Court has affirmed this election-of-forum framework multiple times. In Board of Regents v. Wehr, 540 S.W.2d 830 (Ky. 1976), the court clarified that claimants are not required to exhaust administrative remedies before pursuing their claim in court under the KCRA: "A complainant may choose initially to proceed before the Commission or in Circuit Court but cannot maintain proceedings in both forums simultaneously, nor may a complainant who has chosen to proceed before the Commission abandon those proceedings and resort to the courts unless the Commission has finally acted upon the case."

No exception exists for employment discrimination claims under the KCRA—unlike in some housing discrimination matters, which may have limited exceptions.

Source: KRS 344.270; Board of Regents v. Wehr, 540 S.W.2d 830 (Ky. 1976)

Under KRS 344.200(1), if someone believes they have been subjected to unlawful discrimination under the Kentucky Civil Rights Act (KCRA) in employment, public accommodation, or financial transaction (that is, any covered area other than housing), they must file a written, sworn complaint with the Kentucky Commission on Human Rights (KCHR) within one hundred eighty (180) days after the alleged discriminatory act or practice. This 180-day timeline is statutory—missing the deadline means the commission lacks jurisdiction to process the complaint. For housing-related claims, Kentucky law provides a longer period: complaints may be filed within one (1) year under KRS 344.600(1)(a)1. For most employment and non-housing discrimination claims in Kentucky, the 180-day rule governs. The KCHR publicly confirms this deadline: “A complaint must be filed within 180 days for employment, public accommodations, and financial transactions.”

Source: KRS 344.200(1), KRS 344.600(1)(a)1

Under the Kentucky Civil Rights Act (KCRA), a claimant alleging employment discrimination must elect a forum at the outset: either file a complaint with the Kentucky Commission on Human Rights (KCHR) or file an action directly in circuit court. KRS 344.270 establishes that once this election is made, the chosen forum has exclusive jurisdiction over the claim and the other forum is closed while the proceeding is pending and after a final determination. A claimant cannot simultaneously pursue the same unlawful practice in both forums, nor can a claim be brought in the alternate forum after one forum has reached a final decision.

No categorical KCHR-exhaustion requirement. For most employment discrimination claims under the KCRA (as opposed to certain housing claims), there is no statutory requirement to exhaust administrative remedies before going to court. Either KCHR or state court may be elected initially by the claimant; whichever is chosen, the other is precluded until proceedings conclude. The Kentucky Supreme Court has repeatedly confirmed this in leading cases. For example, in Board of Regents v. Wehr, the court held, "the election of a forum is exclusive and precludes the assertion of the same claim in the alternate forum." Similarly, in Ky. State Univ. v. Searcy, the court wrote, "A party may elect to commence an action in either the circuit court or before the KCHR, but may not simultaneously pursue actions in both venues. Once a party elects a forum, exclusive jurisdiction attaches to that forum."

Exception for housing discrimination. KRS 344.625 allows claimants in certain housing discrimination cases to bypass the KCHR after meeting specific notice requirements, but this exception does not extend to employment discrimination claims.

Bottom line. For employment discrimination under Kentucky law, the claimant may start either before the KCHR or directly in circuit court. Once a choice is made, that forum controls, and switching is not permitted. There is no absolute administrative exhaustion requirement except as a consequence of this election.

Source: KRS 344.270; Board of Regents v. Wehr, 540 S.W.2d 830 (Ky. 1976)

The Kentucky Civil Rights Act (KCRA) provides several remedies for unlawful employment discrimination, but the statutes themselves are less specific than federal law about the exact character of recoverable damages.

Types of Available Relief

• Equitable and injunctive relief: Courts may grant injunctions (such as reinstatement, hiring, or requiring policy changes) and declaratory relief under both KRS 344.450 and 344.660.
• Actual (compensatory) damages: KRS 344.450 allows recovery of "legal or equitable relief as provided in this chapter." The term "actual damages" is not exhaustively defined in the statute, but Kentucky courts have recognized recoveries for back pay and, in some cases, for emotional distress in employment discrimination actions brought under the KCRA. See, e.g., Banks v. Fritsch, 39 S.W.3d 474 (Ky. Ct. App. 2001) (allowing emotional distress damages under the Act).
• Punitive damages: The KCRA does not expressly mention punitive damages for employment claims, but Kentucky appellate courts have held that punitive damages may be available for willful violations of the Act in certain cases. See Stewart v. Steak 'N Shake, 546 F. App'x 416 (6th Cir. 2013) (applying Kentucky law).

Attorney’s fees and costs

• The prevailing plaintiff can be awarded reasonable attorney’s fees and costs in the court’s discretion. If a defendant prevails and the action is found to have been brought in bad faith (see Rule 11, Kentucky Rules of Civil Procedure), the court may also award fees and costs to the defendant. The Commonwealth is expressly not liable for fees or costs. KRS 344.660(2).

Limits or Caps on Damages

• There is no statutory cap on compensatory or punitive damages under the KCRA, unlike federal law where such caps are common. Kentucky constitutional or common law limits (such as due process limits on punitive damages) may still apply, but these are not specific to the KCRA itself.

Source: KRS 344.450; KRS 344.660; Banks v. Fritsch, 39 S.W.3d 474 (Ky. Ct. App. 2001); Stewart v. Steak 'N Shake, 546 F. App'x 416 (6th Cir. 2013)