Who is protected under age discrimination laws in Kentucky?

Age discrimination is a serious problem that can have a devastating impact on people's lives. It can be difficult to find a new job, especially if you are older, and it can make it difficult to support yourself and your family.

Fortunately, there are laws in place to protect people from age discrimination. In Kentucky, both federal and state laws prohibit age discrimination in employment, housing, and public accommodations.

Federal laws

The federal Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people who are 40 years old or older. The ADEA applies to employers with 20 or more employees, employment agencies, and labour unions.

The ADEA prohibits employers from discriminating against employees or applicants for employment on the basis of age in all aspects of employment, including hiring, firing, promotion, compensation, job assignments, training, and other terms and conditions of employment.

State laws

The Kentucky Civil Rights Act (KCRA) also prohibits age discrimination in employment. The KCRA applies to employers with four or more employees.

In addition to employment, the KCRA prohibits age discrimination in housing and public accommodations. Public accommodations are businesses and other establishments that are open to the general public, such as hotels, restaurants, stores, and theatres.

Who is protected

Under the ADEA and the KCRA, all employees and applicants for employment are protected from age discrimination, regardless of their race, colour, religion, sex, national origin, disability, or sexual orientation.

To be protected by the ADEA, you must be at least 40 years old. There is no minimum age requirement for protection under the KCRA.

What to do if you think you have been discriminated against

If you think you have been discriminated against because of your age, you should file a complaint with the Kentucky Commission on Human Rights (KCHR). The KCHR is the state agency that enforces the KCRA.

To file a complaint with the KCHR, you can visit their website or call their office at 800-292-5666. You can also file a complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADEA.

What to expect

If you file a complaint with the KCHR or the EEOC, they will investigate your complaint. If they find that you have been discriminated against, they will try to resolve the matter through conciliation. If conciliation is not successful, they may file a lawsuit on your behalf.

Examples of age discrimination

Here are some examples of age discrimination:

• An employer refuses to hire you because you are too old.

• An employer fires you because you are too old.

• An employer demotes you because you are too old.

• An employer pays you less than a younger employee because you are too old.

• An employer gives you less desirable job assignments than a younger employee because you are too old.

• An employer refuses to train you because you are too old.

• A landlord refuses to rent you an apartment because you are too old.

• A restaurant refuses to serve you because you are too old.

Conclusion

Age discrimination is a serious problem, but there are laws in place to protect you. If you think you have been discriminated against because of your age, you should file a complaint with the Kentucky Commission on Human Rights or the Equal Employment Opportunity Commission.

Additional information

Here are some additional things to keep in mind about age discrimination laws in Kentucky:

• The ADEA and the KCRA both have exceptions for certain bona fide occupational qualifications (BFOQs). A BFOQ is a job requirement that is reasonably necessary to the normal operation of the business. For example, an airline might have a BFOQ for pilots that requires them to retire at age 65.

• The ADEA and the KCRA also both have exceptions for certain age-related retirement plans and benefits. For example, an employer is allowed to offer retirement benefits that are more favourable to older employees.

• If you file a complaint with the KCHR or the EEOC, you have 300 days from the date of the alleged discrimination to file your complaint.

• If you win your case, you may be awarded damages, including back pay, lost wages, and emotional distress damages. You may also be awarded an injunction, which is a court order that prevents the employer from continuing to discriminate against you.

If you have any questions about age discrimination laws in Kentucky, you should contact the Kentucky Commission on Human Rights or the Equal Employment Opportunity Commission.

Everything you need to know about age discrimination laws in Kentucky

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